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ContractsBreach_remedies_termination_and_refundsMEDIUM

An office manager in New Bern is answering a client question about breach remedies, termination, and refunds. Which statement best applies under current North Carolina law?

Correct Answer

C) 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.

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.

Answer Options
A
The buyer agent's email alone resolves a disputed earnest money claim under current North Carolina rules
B
Once a contract terminates, the broker may choose a winner and release funds immediately.
C
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.
D
If the seller claims buyer default, the escrow agent must automatically pay the seller.

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Related Topics & Key Terms

Key Terms:

breach_remedies_termination_and_refundsdifficulty_3disputeearnest_moneync_contract_practice_offer_to_purchasenc_statenorth_carolinaterminationtiming_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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