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ContractsBreach_remedies_termination_and_refundsMEDIUM

A provisional broker in Wilmington is preparing an exam-prep note on 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
Seller breach returns earnest money only, never the due diligence fee 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
Buyer may recover only inspection costs and not contractual deposits under current North Carolina rules

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Related Topics & Key Terms

Key Terms:

breach_remedies_termination_and_refundsdifficulty_3nc_contract_practice_offer_to_purchasenc_statenorth_carolinarefundseller_breachterminationtiming_forms_exceptions_and_authority

Related Concepts

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.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

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