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Practice Of Real EstateTrust AccountsMEDIUM

A compliance reviewer in Greenville is checking a study outline on disputed earnest money and the clerk-of-court procedure. Which statement is NOT accurate under current North Carolina law?

Correct Answer

C) The broker may return the earnest money to the buyer and let the seller sue later 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
After the broker deposits disputed funds with the clerk, either claimant may file a special proceeding to determine rightful ownership.
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
The broker may return the earnest money to the buyer and let the seller sue later under current North Carolina rules
D
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.

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Key Terms:

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