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Real Estate/Development

Mar. 14, 2002

Parties Must Create Genuine Option Contract to Avoid Damages Limit

Focus Column - By David M. Grey - The limitation on liquidated damages in the California Association of Realtor's form "Residential Purchase Agreement" (and "Receipt for Deposit") cannot be circumvented by labeling the deposit as "nonrefundable purchase option monies" according to the recent case of Allen v. Smith, 94 Cal.App.4th 1270 (2002).

        Focus Column

        By David M. Grey
        
        The limitation on liquidated damages in the California Association of Realtor's form "Residential Purchase Agreement" (and "Receipt for Deposit") cannot be circumvented by labeling the deposit as "nonrefundable purchas...

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