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ContractsBreach_remedies_termination_and_refundsHARD

A Mooresville broker is updating the policy manual on breach remedies, termination, and refunds. Which statement best applies under current North Carolina law?

Correct Answer

D) If the seller materially breaches the contract, the buyer may be entitled to recover both the earnest money and the due diligence fee, plus stated contract remedies.

If the seller materially breaches the contract, the buyer may be entitled to recover both the earnest money and the due diligence fee, plus stated contract remedies.

Answer Options
A
Seller breach has no effect on refund rights because both deposits automatically belong to the seller.
B
Buyer may recover only inspection costs and not contractual deposits under current North Carolina rules
C
Seller breach returns earnest money only, never the due diligence fee under current North Carolina rules
D
If the seller materially breaches the contract, the buyer may be entitled to recover both the earnest money and the due diligence fee, plus stated contract remedies.

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Related Topics & Key Terms

Key Terms:

breach_remedies_termination_and_refundscore_rules_and_definitionsdifficulty_4nc_contract_practice_offer_to_purchasenc_statenorth_carolinarefundseller_breachtermination

Related Concepts

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.

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.

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