id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-18046	Stark, Debra Pogrund; Choplin, Jessica M.; Linnabery, Eileen	Dysfunctional Contracts and the Laws and Practices That Enable Them: An Empirical Analysis	2013	51	.pdf	application/pdf	27528	1121	58	A REVIEW AND CRITIQUE OF JUDICIAL TREATMENT OF “RETURN OF EARNEST MONEY AS BUYER’S SOLE REMEDY” CLAUSES IN HOME PURCHASE CONTRACTS Based on a review of reported appellate court decisions, courts have enforced contracts clauses that provide that the buyer’s sole remedy for the seller’s default is return of the buyer’s earnest money when this limitation-of-remedy is clearly provided for in the contract,101 with the notable exception of courts in Florida.102 99. The court in Goodwin v. Hole No. 4 LLC exemplifies the approach of enforcing contract clauses that expressly provide for a limitation of remedy; the Goodwin court narrowly interprets what is procedural and substantive unconscionability, while potentially providing a “bad faith” exception to enforcement of the clause if it is shown that the seller exercised it because the property appreciated in value.115 Because the court in Goodwin engaged in mental gymnastics and faulty common assumptions to justify enforcing a highly unfair contract limitation clause against a consumer who was likely deceived into entering into the purchase contract, we engage in a thorough analysis of the details of this decision.	cache/inlawrev-18046.pdf	txt/inlawrev-18046.txt