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Practice Of Real EstateEarnest Money DisputesHARD

In West Virginia, when two or more parties claim rights to the same earnest money deposit, the broker should:

Correct Answer

C) Interplead the funds with the court and let the court decide

When there is a dispute over earnest money, the broker should not choose sides. The proper procedure is to interplead the funds with the court, which means depositing them with the court and allowing a judge to determine the rightful recipient.

Answer Options
A
Give the money to the seller
B
Give the money to the buyer
C
Interplead the funds with the court and let the court decide
D
Split the money equally

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Related Topics & Key Terms

Related Topics:

trust-account-disputescourt-resolutionbroker-protection

Key Terms:

interpleadearnest disputecourt decidesneutralbroker protection

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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