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What is a Forfeiture Clause in Sale Agreement?

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A forfeiture clause in sale agreement outlines the conditions under which a party, usually the buyer, forfeits their rights to certain benefits (such as a deposit) if they fail to fulfill their contractual obligations. I have shared the key points typically included in a forfeiture clause.

Key Points of a Forfeiture or a Sale Agreement Cancellation Clause

A forfeiture clause in sale agreement specifies the events that will trigger the forfeiture, such as failure to make a payment, breach of contract terms, or failure to complete the transaction within a specified period.

The key pointers that are mentioned in this agreement are as follows, 

  • Forfeited Amount: Details about the amount or type of asset to be forfeited, which is often the initial deposit or earnest money paid by the buyer.

  • Legal Recourse: States the rights and remedies available to the non-breaching party, typically the seller, if the forfeiture clause is invoked.

  • Notice Period: Requires the seller to provide notice to the buyer before invoking the forfeiture clause, allowing the buyer a chance to remedy the breach if applicable.

  • Waiver of Claims: States that the buyer waives any claims to the forfeited amount and accepts the seller's right to retain it as compensation for the breach.

This is all about the cancellation clause in sale agreement.

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