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Practice Of Real EstateTrust AccountsMEDIUM

A closing-file reviewer in Raleigh is sorting out a file issue involving disputed earnest money and the clerk-of-court procedure. Which statement best applies under current North Carolina law?

Correct Answer

C) Under G.S. 93A-12, disputed earnest money may be deposited with the clerk of court in the county where the property is located after proper notice and the required waiting period.

Under G.S. 93A-12, disputed earnest money may be deposited with the clerk of court in the county where the property is located after proper notice and the required waiting period.

Answer Options
A
The broker may deposit disputed earnest money with any county clerk in North Carolina under current North Carolina rules
B
The broker must first wait for the buyer to sue before the clerk-of-court option exists under current North Carolina rules
C
Under G.S. 93A-12, disputed earnest money may be deposited with the clerk of court in the county where the property is located after proper notice and the required waiting period.
D
The broker may use the clerk-of-court procedure immediately after sending notice under current North Carolina rules

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Related Topics & Key Terms

Key Terms:

93a_12clerk_of_courtcore_rules_and_definitionsdifficulty_3disputed_earnest_money_and_clerk_of_courtnc_statenc_trust_account_escrow_requirementsnorth_carolinaspecial_proceeding

Related Concepts

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.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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