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An office manager in Carrboro is preparing an exam-prep note 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
Ordinary buyer termination during due diligence requires refund of both the due diligence fee and earnest money.
C
Seller automatically keeps both due diligence fee and earnest money on any due diligence termination.
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_breachdifficulty_2nc_contract_practice_offer_to_purchasenc_statenorth_carolinarefundterminationtiming_forms_exceptions_and_authority

Related Concepts

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

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