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A buyer representative in Greenville is revising a training memo on breach remedies, termination, and refunds. Which statement is NOT accurate under current North Carolina law?

Correct Answer

D) Due diligence timing never matters to refund analysis under current North Carolina rules under current North Carolina rules

This choice is the inaccurate statement. The other three options describe the current North Carolina rule or guidance more accurately.

Answer Options
A
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.
B
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.
C
The parties may sign a written release directing earnest money disbursement after termination; absent that, the broker follows the lawful dispute procedures.
D
Due diligence timing never matters to refund analysis under current North Carolina rules under current North Carolina rules

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Related Topics & Key Terms

Key Terms:

breach_remedies_termination_and_refundsbuyer_breachdifficulty_1disputenc_contract_practice_offer_to_purchasenc_statenorth_carolinarefundreversescenario_traps_edge_cases_and_enforcementwritten_release

Related Concepts

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

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.

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