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A Greensboro broker is preparing an exam-prep note on 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
A release is unnecessary if the broker thinks the contract language is clear 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
Oral instructions from one party are enough for release under current North Carolina rules

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Related Topics & Key Terms

Key Terms:

breach_remedies_termination_and_refundsdifficulty_1disbursementnc_contract_practice_offer_to_purchasenc_statenorth_carolinaterminationtiming_forms_exceptions_and_authoritywritten_release

Related Concepts

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

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.

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