Common use of IF BUYER DEFAULTS Clause in Contracts

IF BUYER DEFAULTS. If Buyer defaults in performance under this agreement, Seller shall have one of the following legal recourses against Buyer (check one only): As Seller’s sole legal recourse, Seller may retain, as liquidated damages, the EMD. In this respect, the Parties agree that Seller’s actual damages would be difficult to measure and that the EMD is in fact a reasonable estimate of the damages that Seller would suffer as a result of Buyer’s default. Seller understands that any additional deposit not considered part of the EMD in Section 1(B) herein will be immediately released by ESCROW HOLDER to Buyer. -OR- Seller shall have the right to recover from Buyer all of Seller’s actual damages that Seller may suffer as a result of Buyer’s default including, but not limited to, commissions due, expenses incurred until the Property is sold to a third party and the difference in the sales price.

Appears in 1 contract

Samples: Residential Purchase Agreement

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IF BUYER DEFAULTS. If Buyer defaults in performance under this agreement, Seller shall have one of the following legal recourses against Buyer (check one only): □x As Seller’s sole legal recourse, Seller may retain, as liquidated damages, the EMD. In this respect, the Parties agree that Seller’s actual damages would be difficult to measure and that the EMD is in fact a reasonable estimate of the damages that Seller would suffer as a result of Buyer’s default. Seller understands that any additional deposit not considered part of the EMD in Section 1(B) herein will be immediately released by ESCROW HOLDER to Buyer. -OR- Seller shall have the right to recover from Buyer all of Seller’s actual damages that Seller may suffer as a result of Buyer’s default including, but not limited to, commissions due, expenses incurred until the Property is sold to a third party and the difference in the sales price.

Appears in 1 contract

Samples: Residential Purchase Agreement

IF BUYER DEFAULTS. If Buyer defaults in performance under this agreement, Seller shall have one of the following legal recourses against Buyer (check one only): □x As Seller’s sole legal recourse, Seller may retain, as liquidated damages, the EMD. In this respect, the Parties agree that SellerXxxxxx’s actual damages would be difficult to measure and that the EMD is in fact a reasonable estimate of the damages that Seller would suffer as a result of BuyerXxxxx’s default. Seller understands that any additional deposit not considered part of the EMD in Section 1(B) herein will be immediately released by ESCROW HOLDER to Buyer. -OR- Seller shall have the right to recover from Buyer all of Seller’s actual damages that Seller may suffer as a result of BuyerXxxxx’s default including, but not limited to, commissions due, expenses incurred until the Property is sold to a third party and the difference in the sales price.

Appears in 1 contract

Samples: Residential Purchase Agreement

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IF BUYER DEFAULTS. If Buyer defaults in performance under this agreement, Seller shall have one of the following legal recourses against Buyer (check one only): As Seller’s sole legal recourse, Seller may retain, as liquidated damages, the EMD. In this respect, the Parties agree that SellerXxxxxx’s actual damages would be difficult to measure and that the EMD is in fact a reasonable estimate of the damages that Seller would suffer as a result of BuyerXxxxx’s default. Seller understands that any additional deposit not considered part of the EMD in Section 1(B) herein will be immediately released by ESCROW HOLDER to Buyer. -OR- Seller shall have the right to recover from Buyer all of Seller’s actual damages that Seller may suffer as a result of BuyerXxxxx’s default including, but not limited to, commissions due, expenses incurred until the Property is sold to a third party and the difference in the sales price.

Appears in 1 contract

Samples: Residential Purchase Agreement

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