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An exam-prep coach in Mooresville 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

D) The clerk-of-court procedure does not replace the broker's duty to keep the disputed money safe in trust until one of the lawful release mechanisms is available.

The clerk-of-court procedure does not replace the broker's duty to keep the disputed money safe in trust until one of the lawful release mechanisms is available.

Answer Options
A
The broker may return the earnest money to the buyer and let the seller sue later.
B
A dispute suspends all trust-account recordkeeping duties under current North Carolina rules
C
Once a dispute arises, the broker may move the money into operating funds pending resolution.
D
The clerk-of-court procedure does not replace the broker's duty to keep the disputed money safe in trust until one of the lawful release mechanisms is available.

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Related Topics & Key Terms

Key Terms:

broker_dutydifficulty_1disputed_earnest_money_and_clerk_of_courtdisputed_fundsnc_statenc_trust_account_escrow_requirementsnorth_carolinatiming_forms_exceptions_and_authoritytrust_account

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

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