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A firm owner in Asheville is preparing an exam-prep note on disputed earnest money and the clerk-of-court procedure. Which statement best applies under current North Carolina law?

Correct Answer

A) 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
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.
B
The broker may deposit disputed earnest money with any county clerk in North Carolina under current North Carolina rules
C
The broker must first wait for the buyer to sue before the clerk-of-court option exists under current North Carolina rules
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_courtdifficulty_2disputed_earnest_money_and_clerk_of_courtnc_statenc_trust_account_escrow_requirementsnorth_carolinaspecial_proceedingtiming_forms_exceptions_and_authority

Related Concepts

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

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.

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