Warner v. Rasmussen

HALL, Chief Justice:

The Warners (buyers), defaulting buyers under a uniform real estate contract, appeal a judgment dismissing their action to recover a portion of their payments on the contract which the Rasmussens (sellers) retained under a forfeiture clause. Buyers challenge both the legal and factual bases of the trial court’s determination of actual damages caused by buyers’ breach. They contend the amount they paid on the contract was far greater than sellers’ actual damages and thus the forfeiture clause is unconscionable and voidable as a penalty. We affirm.

The parties entered the…