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.
At their best, liquidated damages clauses provide a means for parties to avoid costly disputes as to the amount of financial damages suffered as a result of one party's breach of an agreement. However, and unfortunately, liquidated damages clauses are generally misunderstood and often incorrectly formulated.