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Practice Of Real EstateTrust AccountsMEDIUM

A training instructor in North Carolina is auditing the firm's approach to disputed earnest money and the clerk-of-court procedure. Which statement is NOT accurate under current North Carolina law?

Correct Answer

D) The broker may deposit disputed earnest money with any county clerk in North Carolina.

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

Answer Options
A
The disputed-money statute is aimed at earnest money and similar disputed monies, not at residential tenant security deposits handled under different law.
B
The broker must wait 90 days after notifying the persons claiming ownership before attempting to deposit disputed funds with the clerk of court.
C
After the broker deposits disputed funds with the clerk, either claimant may file a special proceeding to determine rightful ownership.
D
The broker may deposit disputed earnest money with any county clerk in North Carolina.

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Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

90_days_notice93a_12clerk_of_courtcore_rules_and_definitionsdifficulty_3disputed_earnest_money_and_clerk_of_courtnc_statenc_trust_account_escrow_requirementsnorth_carolinareversetenant_security_deposit

Related Concepts

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

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