AboutErrica Cook Expertise I can answer any questions regarding buying or selling real estate in California. I can also answer questions about becoming a real estate agent in the state.
Experience I have been selling and training new agents here since 2002.
Question QUESTION: the buyer is in breach of contract; the buyer has initialed the box in paragraph 16. the seller has not initialed paragraph 16 or 17; yet, the bottom of the page is initialed by both buyer and seller.
the seller sold the house six months later about $75K lower.Is the seller entitled to any damages?
ANSWER: If the seller didn't initial the box for liquidated damages then that clause is NOT in effect. The initials at the bottom of the page only signify that they read the page.
As far as the seller being entitled to any damages, that depends on if any contingencies were removed in writing.
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QUESTION: yes the contingencies were removed in writing.
Answer If the contingencies were removed in writing then the seller COULD HAVE tried to go after damages, but only during the original escrow. After letting the buyer out of contract there isn't much the seller can do. Also, the SELLER is the one that didn't initial liquidated damages, so that will make it more difficult for the seller to dry and recover any money.
