BREACH OF CONTRACT BY SELLER. If Seller defaults in the performance of any of its obligations pursuant to this Contract, and Closing fails to occur by reason thereof, Buyer, as its sole remedy, may terminate this Contract and receive the Down Payment/Deposit, or waive the default and proceed to Closing. In no event shall Seller or Auctioneer be liable for any damages including special, incidental or consequential damages, or economic loss and/or attorney fees.
BREACH OF CONTRACT BY SELLER. If Seller materially defaults in the performance of any of its obligations pursuant to this Agreement and the Closing of the sale of the Property set forth herein on or before the Closing Date does not occur because of a material breach of this Contract by Seller, Buyer may terminate this Agreement and receive back the Initial Deposit. In the event of a breach of this Contract by Seller, in no event shall Auctioneer be liable for specific performance or for any damages including special, general, incidental or consequential damages, punitive damages, or economic loss and/or attorneys’ fees, all of which are hereby waived. Further, if Seller breaches the Contract before the sale closes, Seller shall not be liable for any incidental, consequential, punitive damages or economic loss to Buyer.
BREACH OF CONTRACT BY SELLER. If this Contract is breached by Seller or if Seller fails for any reason to complete the sale of
BREACH OF CONTRACT BY SELLER. If the Seller defaults in the performance of any of its obligations hereunder and Closing fails to occur by reason thereof, the Purchaser may terminate this Agreement and shall be entitled to the return of the Deposit, or seek specific performance of this Agreement.
BREACH OF CONTRACT BY SELLER. It is understood and agreed that the real estate firm(s) and real estate licensee(s) representing or assisting the Seller or Purchaser are not parties to this Contract and do not have or assume liability for the performance or nonperformance of Seller or Purchaser. If this Contract is breached by Seller or if Seller fails for any reason to complete the sale of Property in accordance with the terms set forth herein, then Seller shall pay the commission provided for in the listing or other agreement between the Broker(s) and the Seller, plus all costs of collection, including attorney fees, and the Purchaser shall have the right to (a) affirm this Contract and enforce its specific performance; or (b) require the immediate return of Xxxxxxx Money and recover full damages for its breach.
BREACH OF CONTRACT BY SELLER. If this agreement is breached by Seller or if Seller fails for any reason to complete the sale of this Property in accordance with the terms set forth herein, Seller shall pay damages in an amount equal to the brokerage as specified in the listing agreement plus attorney fees and costs. In the event of default by Seller, the Xxxxxxx Money shall be returned to Purchaser and Purchaser shall have the right to affirm this Contract and enforce its specific performance. COSTS TO ENFORCE CONTRACT: Should any party to this contract bring an action against any other party to this Contract to enforce any claim hereunder, the prevailing party or parties shall be entitled to recover all costs of said action and reasonable attorney fees. The term "prevailing party" as used in this Paragraph shall be defined as the party or parties in whose favor a court shall rule, or against whom no relief is granted, which becomes final and non-appealable. ESCROW: The Xxxxxxx Money is deposited in escrow with the Listing Agency/Broker ("Escrow Agent") with the understanding that Escrow Agent (a) is not a party to this Contract and does not assume or have any liability for performance or non-performance of Seller or Purchaser, (b) has the right to require from Seller and Purchaser a written release of liability of the Escrow Agent which authorizes the disbursement of the Xxxxxxx Money, (c) is not liable for interest or other charge on the Xxxxxxx Money, and (d) may choose to place the Xxxxxxx Money with a Court of competent jurisdiction in the event of any dispute. If the Escrow Agent shall file any interpleader, Escrow Agent shall be entitled to recover its attorney fees and expenses from the xxxxxxx money deposit. If Seller or Purchaser unreasonably fails to deliver promptly the document described in (b) above, then such parties shall be liable as stated above. At closing, the Xxxxxxx Money shall be applied to any cash down payment required, then to Purchaser's closing costs, and any excess refunded to Purchaser. Written evidence from the bank showing clearance of any monies must be presented before any money will be released prior to 14 days from deposit.
BREACH OF CONTRACT BY SELLER. If Seller defaults in the perfor- xxxxx of any of its obligations pursuant to this Contract, and Closing fails to oc- cur by reason thereof, Buyer may terminate this Contract and receive the Deposit, Buyer Premium, Xxxxxxx Money Deposit as refund as buyer’s sole remedy. In no event shall Seller or Real Estate Bid Sales, INC or Auctioneer be liable for any damages including special, incidental or consequential damages, or economic loss and/or attorney fees.
BREACH OF CONTRACT BY SELLER. If Seller defaults in the performance of any of its obligations pursuant to this Contract, and Closing fails to occur by reason thereof, Buyer, as its sole remedy, may terminate this Contract and receive the Down Payment/Deposit, or waive the default and proceed to Closing. In no event shall Buyer bring any lawsuit against Seller or Auctioneer, and Seller and Auctioneer will in no way be liable to Buyer, for any damages including special, incidental or consequential damages, or economic loss and/or attorney fees or for any cause of action for specific performance of any nature whatsoever.
BREACH OF CONTRACT BY SELLER. If this Contract of breached by Seller or if Seller fails for any reason to complete the sale of this Property in accordance with the terms set forth herein, the xxxxxxx money shall be returned to Buyer and Buyer shall have the right to affirm this Contract and inforce its specific performance. For any reason during the terms of this Contract, Seller may nullify this Contract, declare this Contract to be null and void, and refund to the Buyer the xxxxxxx money and nay other monies paid by the Buyer. The effect of this nullification in the sole discretion of the Seller shall be that the Buyer has no further rights to purchase the property whatsoever, and that Seller may freely sell the property to another third party.
BREACH OF CONTRACT BY SELLER. If this agreement is breached by Seller of if the Seller fails for any reason to complete sale of said property in accordance with the terms set for the herein, the Seller shall pay to the Lisfing Broker as damages, an amount equal to the commission as set forth in the lisfing agreement and reasonable attorney’s fees and costs incurred in the collecfion thereof, and shall pay the Buyer any further damages caused by said breach including attorney’s fees and costs. In the event of Seller default, the NON-REFUNDABLE DOWNPAYMENT herewith deposited by the Buyer shall be returned to the Buyer by escrow agent. The Buyer may sue for specific performance of this agreement, or both. It is disfinctly understood and agreed by and between the agent and the Buyer that in the event the Seller shall default of this contract in a manner that the agent shall look to the Seller for any commission due.
