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ContractsDue_diligence_fee_period_and_effective_dateHARD

A listing broker in Greenville is answering a client question about due diligence fee, due diligence period, and Effective Date. Which statement best applies under current North Carolina law?

Correct Answer

C) Because the due diligence fee is normally paid directly to the seller, it is distinct from trust money governed by the escrow rules.

Because the due diligence fee is normally paid directly to the seller, it is distinct from trust money governed by the escrow rules.

Answer Options
A
A broker must hold all due diligence fees until settlement under current North Carolina rules
B
The due diligence fee is deposited and disbursed exactly like earnest money.
C
Because the due diligence fee is normally paid directly to the seller, it is distinct from trust money governed by the escrow rules.
D
The due diligence fee is trust money simply because the broker delivers it with the contract.

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Related Topics & Key Terms

Key Terms:

difficulty_5due_diligence_feedue_diligence_fee_period_and_effective_datenc_contract_practice_offer_to_purchasenc_statenorth_carolinapayable_to_sellerscenario_traps_edge_cases_and_enforcementtrust_money

Related Concepts

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

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