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ContractsEarnest_money_receipt_deposit_and_disbursementEASY

A provisional broker in Greensboro is revising a training memo on 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
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.
C
At closing, earnest money is typically credited according to the contract and settlement calculations rather than disappearing from the transaction ledger.
D
When the broker receives earnest money in a fiduciary capacity, the Commission trust-money rules govern how it is deposited and handled.

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Related Topics & Key Terms

Key Terms:

credit_at_closingdifficulty_1disbursementdisputeearnest_money_receipt_deposit_and_disbursementescrow_agentnc_contract_practice_offer_to_purchasenc_statenorth_carolinareversescenario_traps_edge_cases_and_enforcement

Related Concepts

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

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.

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