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A Fayetteville broker is sorting out a file issue involving breach remedies, termination, and refunds. Which statement best applies under current North Carolina law?

Correct Answer

B) 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
Buyer may recover only inspection costs and not contractual deposits under current North Carolina rules
B
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.
C
Seller breach has no effect on refund rights because both deposits automatically belong to the seller.
D
Seller breach returns earnest money only, never the due diligence fee under current North Carolina rules

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Related Topics & Key Terms

Key Terms:

breach_remedies_termination_and_refundscore_rules_and_definitionsdifficulty_2nc_contract_practice_offer_to_purchasenc_statenorth_carolinarefundseller_breachtermination

Related Concepts

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

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