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ContractsBreach_remedies_termination_and_refundsMEDIUM

A transaction coordinator in Boone 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 buyer terminates during the due diligence period in the ordinary way, the seller generally keeps the due diligence fee while the earnest money is typically refunded to the buyer.

If the buyer terminates during the due diligence period in the ordinary way, the seller generally keeps the due diligence fee while the earnest money is typically refunded to the buyer.

Answer Options
A
Buyer automatically keeps the due diligence fee because due diligence was exercised under current North Carolina rules
B
Seller automatically keeps both due diligence fee and earnest money on any due diligence termination.
C
Ordinary buyer termination during due diligence requires refund of both the due diligence fee and earnest money.
D
If the buyer terminates during the due diligence period in the ordinary way, the seller generally keeps the due diligence fee while the earnest money is typically refunded to the buyer.

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Related Topics & Key Terms

Key Terms:

breach_remedies_termination_and_refundsbuyer_breachcore_rules_and_definitionsdifficulty_3nc_contract_practice_offer_to_purchasenc_statenorth_carolinarefundtermination

Related Concepts

A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.

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.

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