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Liquidated Damages Provisions Unenforceable: Alternatives

The Florida Supreme Court recently ruled that a liquidated damages provision similar to that found in the Florida Bar/Florida Association of Realtors Real Estate Contract (the “FAR/BAR Contract”) is unenforceable. The Court in Lefemine v. Baron, held that a liquidated damages clause will not be enforceable if the contract also gives the non-defaulting party the right to bring an action at law for accrual damages. The Court reasoned that providing for an option to seek accrual damages means that “the parties did not have the mutual intention to stimulate to a fixed amount as their liquidated damages in the event...

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Ways to Try and Avoid the Courts

We all work very hard for our money and want to be able to hold on to as much of it as possible. The reason most of us work is to be able to take money out of our business and put it into our pocket. Getting involved with the courts is generally expensive. Business people generally find themselves in court either because they are seeking to recover money or damages from a person or entity that has not paid them or has breached a contract or an agreement or has committed some other legal wrong. Or a businessperson can...

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