Common use of Buyer Default Clause in Contracts

Buyer Default. If Buyer fails, neglects or refuses to perform Buyer’s obligations under this Contract, including payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit for the account of Seller as agreed upon liquidated damages, consideration for execution of this Contract, and in full settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under this Contract, or Seller, at Seller’s option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller’s rights under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall be split equally between Listing Broker and Cooperating Broker; provided however, Cooperating Broker’s share shall not be greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker.

Appears in 14 contracts

Samples: Residential Contract for Sale and Purchase, Residential Contract for Sale and Purchase, Residential Contract for Sale and Purchase

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Buyer Default. If Buyer fails, neglects or refuses to perform Buyer’s obligations under this Contract, 326 including payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit 327 for the account of Seller as agreed upon liquidated damages, consideration for execution of this Contract, and 328 in full settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under this Contract, or Seller, at Seller’s option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller’s rights under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall be split equally between Listing Broker and Cooperating Broker; provided however, Cooperating Broker’s share shall not be greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker.

Appears in 5 contracts

Samples: Residential Contract for Sale and Purchase, Residential Contract for Sale and Purchase, Residential Contract for Sale and Purchase

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Buyer Default. If Buyer fails, neglects or refuses to perform Buyer’s 's obligations under this Contract, including payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract, Contract and in full settlement of any claims; whereupon, whereupon Buyer and Seller shall be relieved from all further obligations under this Contract, ; or Seller, at Seller’s 's option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller’s 's rights under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall be split equally between Listing Broker and Cooperating Broker; provided however, Cooperating Broker’s 's share shall not be greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker.

Appears in 3 contracts

Samples: Real Estate Purchase Contract (Social Investment Holdings, Inc.), Residential Contract for Sale and Purchase (Social Investment Holdings, Inc.), Residential Contract for Sale and Purchase (Social Investment Holdings, Inc.)

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