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A firm owner in Apex is answering a client question about breach remedies, termination, and refunds. Which statement best applies under current North Carolina law?

Correct Answer

B) 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
Only a judge can ever authorize earnest money release after termination under current North Carolina rules
B
The parties may sign a written release directing earnest money disbursement after termination; absent that, the broker follows the lawful dispute procedures.
C
Oral instructions from one party are enough for release under current North Carolina rules
D
A release is unnecessary if the broker thinks the contract language is clear 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_carolinascenario_traps_edge_cases_and_enforcementterminationwritten_release

Related Concepts

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.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.

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