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ContractsEarnest_money_receipt_deposit_and_disbursementHARD

A firm owner in Apex is answering a client question about earnest money receipt, deposit, and disbursement. Which statement best applies under current North Carolina law?

Correct Answer

B) When the broker receives earnest money in a fiduciary capacity, the Commission trust-money rules govern how it is deposited and handled.

When the broker receives earnest money in a fiduciary capacity, the Commission trust-money rules govern how it is deposited and handled.

Answer Options
A
Earnest money may be held uncashed until the due diligence period ends.
B
When the broker receives earnest money in a fiduciary capacity, the Commission trust-money rules govern how it is deposited and handled.
C
Earnest money follows only the seller's verbal instructions under current North Carolina rules
D
Earnest money is not trust money unless the transaction closes under current North Carolina rules

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Related Topics & Key Terms

Key Terms:

deposit_timingdifficulty_4earnest_moneyearnest_money_receipt_deposit_and_disbursementnc_contract_practice_offer_to_purchasenc_statenorth_carolinascenario_traps_edge_cases_and_enforcementtrust_money

Related Concepts

A breach of contract occurs when one party fails to perform their obligations under the contract without a legal excuse. The non-breaching party is entitled to legal remedies including damages, specific performance, or contract rescission.

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

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