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ContractsEarnest_money_receipt_deposit_and_disbursementMEDIUM

An office manager in Durham is auditing the firm's approach to earnest money receipt, deposit, and disbursement. Which statement is NOT accurate under current North Carolina law?

Correct Answer

A) Earnest money and due diligence fee are interchangeable labels for the same payment.

This choice is the inaccurate statement. The other three options describe the current North Carolina rule or guidance more accurately.

Answer Options
A
Earnest money and due diligence fee are interchangeable labels for the same payment.
B
When the broker receives earnest money in a fiduciary capacity, the Commission trust-money rules govern how it is deposited and handled.
C
At closing, earnest money is typically credited according to the contract and settlement calculations rather than disappearing from the transaction ledger.
D
Disbursement of earnest money before a dispute is resolved must follow the contract, written release, court order, or authorized clerk-of-court procedure as applicable.

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Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

core_rules_and_definitionscredit_at_closingdifficulty_3disbursementdisputeearnest_money_receipt_deposit_and_disbursementescrow_agentnc_contract_practice_offer_to_purchasenc_statenorth_carolinareverse

Related Concepts

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

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.

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