No, because the deposit was fair in light of the genuine losses the dealership endured.
Although a court may take into account contract language that the liquidated damages clause is not a punishment, such a term is not deciding.
In the event of a breach without evidence of actual loss, the parties may recover liquidated damages, which are defined by the parties in the contract as a reasonable estimate of actual damages. The party seeking to revoke a contract's liquidated damages provision must demonstrate that the agreed-upon loss is so excessive as to resemble a penalty. The deposit turned out to be exactly equivalent to the dealership's real damages, even though it was double what the dealership could have calculated its damages would be in the event of a breach by the buyer.
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