Where is the liquidated damages clause typically found?

The liquidated damages clause is most commonly found in the earnest money receipt. This clause indicates the amount of damages that the parties agree upon in advance, which would be owed in case of a breach of contract. Including this clause in an earnest money receipt helps establish clear expectations regarding what will happen if one party fails to fulfill their obligations, specifically concerning the deposit initially made to secure the property. By pre-defining the damages, it simplifies the process of seeking compensation and minimizes disputes that could arise in the event of a breach.

Although various contracts in real estate may have damages or default sections, the earnest money receipt is the most appropriate place for a liquidated damages clause, as it directly relates to the initial monetary commitment made by the buyer.