Skip to content
Pass Georgia
Real estate glossaryNational exam concept

Liquidated damages

Liquidated damages are an amount or measure the parties agree in advance will be recoverable after a specified breach, when the clause is enforceable rather than an unlawful penalty.

Exam area: Contracts

Download PDF

What does “liquidated damages” mean in real estate?

Liquidated damages are an amount or measure the parties agree in advance will be recoverable after a specified breach, when the clause is enforceable rather than an unlawful penalty.

How is “liquidated damages” different from the closest wrong answer?

Liquidated damages are predetermined by contract. Actual damages are proved from the loss, and specific performance seeks completion rather than money.

What is the Georgia-specific rule?

Georgia purchase agreements may identify earnest money as liquidated damages for a defined buyer default, but the exact remedy election and enforceability depend on the contract and law.

Worked exam example

Scenario

The signed agreement allows the seller to retain the earnest money as the stated remedy after a covered uncured buyer default.

What is the most common exam trap?

Trap correction

Earnest money is not automatically liquidated damages in every contract or termination.

Original exam check

Apply the definition

A purchase agreement says the seller keeps the buyer's $5,000 earnest money as liquidated damages if the buyer defaults. The buyer defaults with no valid termination right, and the seller's actual losses come to about $3,000. Assuming the clause is enforceable, what does the seller receive?

Mastery tracker

Do not mark this term complete until you can retrieve it.

0%

Progress is stored only in this browser.

Related terms to learn next

Recommended next complete lesson

Continue with Contracts complete lesson. It places this term inside the full rule, worked examples, exam traps, and mixed practice required for mastery.