Non-Refundable Purchase Deposits and Liquidated Damages – By Dale Alberstone, Esq.
Hello everybody. My discussion this month examines the validity of a “non-refundable” deposit clause in a real estate purchase contract and related liquidated damages provisions. The California Court of Appeal case of Kuish v. Smith, 181 Cal.App.4th 1419, well illustrates current law. The Kuish Decision In Kuish, the buyer (Kuish) entered into a written contract…
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