Marketing a home for sale is one of the primary jobs of a listing agent. If they do not let people know your home is for sale, it will not sell. The MLS is an effective way to introduce a new home to the market because it introduces the home to agents in your area that are not part of the listing agent's company.
Assuming liquidated damages are unenforceable because they are a penalty, the relevant party will ordinarily be entitled to general damages for breach. A clause that made liquated damages the partyâs exclusive remedy would prevent any claim for general damages. To avoid this outcome, when combining a liquated damages and exclusive remedy clause, the exclusive remedies should be liquidated damages or general damages should the liquidated damages be unenforceable.
A time is of the essence clause--In contracts where the liquidated damages clause is invalid, the courts will allow an owner to invoke this clause to recover damages, provided the property owner can demonstrate an accurate calculation of consequential damages. Damage control, or how to sue your contractor.