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ContractsBreach_remedies_termination_and_refundsMEDIUM

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

Correct Answer

C) The parties may sign a written release directing earnest money disbursement after termination; absent that, the broker follows the lawful dispute procedures.

The parties may sign a written release directing earnest money disbursement after termination; absent that, the broker follows the lawful dispute procedures.

Answer Options
A
Oral instructions from one party are enough for release under current North Carolina rules
B
Only a judge can ever authorize earnest money release after termination under current North Carolina rules
C
The parties may sign a written release directing earnest money disbursement after termination; absent that, the broker follows the lawful dispute procedures.
D
A release is unnecessary if the broker thinks the contract language is clear under current North Carolina rules

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Related Topics & Key Terms

Key Terms:

breach_remedies_termination_and_refundscore_rules_and_definitionsdifficulty_3disbursementnc_contract_practice_offer_to_purchasenc_statenorth_carolinaterminationwritten_release

Related Concepts

Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

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