Made contract with home builder(new construction) contract states that purchaser breach or defualt of the agreement seller reserves the right to retain the deposit as liquidated damages including but not limited to specific performance.Purchaser shall be responsible for all attorney's fees incurred by seller in enforcing this agreement
SELLER BREACH Purchaser's sole remedy under this agt shall be recovery of the deposit.Purchaser hereby releases and waives any right to demand or pursue the remedy of SPECIFIC PERFORMANCE by seller of this agreement.This clause only binds purchaser the contract lacks mutuality and unenforceable. Anyone have idea about this please advise. we r thinking to file law suit to enforce the claim(collect the deposit amount)