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ContractsBreach_remedies_termination_and_refundsMEDIUM

A transaction-file auditor in Chapel Hill is auditing the firm's approach to breach remedies, termination, and refunds. Which statement is NOT accurate under current North Carolina law?

Correct Answer

C) Once the contract is effective, all terminations are treated alike under current North Carolina rules

This choice is the inaccurate statement. The other three options describe the current North Carolina rule or guidance more accurately.

Answer Options
A
A dispute over earnest money does not authorize the broker to disburse funds unilaterally; the broker must hold or use the clerk-of-court process if appropriate.
B
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.
C
Once the contract is effective, all terminations are treated alike under current North Carolina rules
D
The parties may sign a written release directing earnest money disbursement after termination; absent that, the broker follows the lawful dispute procedures.

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Why the Other Options Are Wrong

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Background Knowledge for Contracts

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Related Topics & Key Terms

Key Terms:

breach_remedies_termination_and_refundsbuyer_breachcore_rules_and_definitionsdifficulty_3disputenc_contract_practice_offer_to_purchasenc_statenorth_carolinarefundreversewritten_release

Related Concepts

An assignment of contract transfers one party's rights and obligations under a contract to a third party called the assignee. The original party, known as the assignor, transfers their contractual position to someone who was not originally part of the agreement.

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.

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