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Practice Of Real EstateTrust AccountsHARD

An exam-prep coach in Fayetteville 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

B) After the broker deposits disputed funds with the clerk, either claimant may file a special proceeding to determine rightful ownership.

After the broker deposits disputed funds with the clerk, either claimant may file a special proceeding to determine rightful ownership.

Answer Options
A
The parties must arbitrate through the MLS before the clerk can act.
B
After the broker deposits disputed funds with the clerk, either claimant may file a special proceeding to determine rightful ownership.
C
The clerk automatically gives the funds to the seller without any further process.
D
The broker remains the decision-maker after the deposit under current North Carolina rules

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Related Topics & Key Terms

Key Terms:

clerk_of_courtdifficulty_4disputed_earnest_money_and_clerk_of_courtdisputed_fundsnc_statenc_trust_account_escrow_requirementsnorth_carolinaspecial_proceedingtiming_forms_exceptions_and_authority

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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