Quote:
Originally Posted by cosmo20002
KS law at the time just said a straightforward 1.5 times the deposit. Not sure what to make of this "not more than 2X" or how they go about determining the approproate amount. Seems like it asks for a lot of unecessary headaches and just stating an exact penalty would be a lot easier, but that's Missouri for you.
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The way I read it, the plaintiff would have to show damages and 2x is the cap. It's not a liquidated damages term (a term which provides for a set amount in damages if a particular contract term isn't met). One obvious "cost" would be interest on $1100 for however long they delay payment. Other obvious costs would be legal fees (if any), court costs, and the time and trouble to bring the action.
Now, I haven't looked at property law since I was in school and haven't read any recent cases on it so I'm hardly an expert. But, the above seems like common sense to me.