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Practice Of Real EstateTrust AccountsHARD

A buyer representative in Winston-Salem 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) If earnest money becomes disputed, the broker must generally continue to hold it until the parties agree in writing, a court orders disbursement, or the clerk-of-court procedure is properly used.

If earnest money becomes disputed, the broker must generally continue to hold it until the parties agree in writing, a court orders disbursement, or the clerk-of-court procedure is properly used.

Answer Options
A
If earnest money becomes disputed, the broker must generally continue to hold it until the parties agree in writing, a court orders disbursement, or the clerk-of-court procedure is properly used.
B
A disputed earnest money deposit should be split fifty-fifty unless the contract says otherwise under current North Carolina rules
C
A dispute lets the broker release the money to whichever side complains first under current North Carolina rules
D
The broker may follow only the listing side's instructions because the seller owns the property under current North Carolina rules

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Related Topics & Key Terms

Key Terms:

court_orderdifficulty_5disputed_earnest_money_and_clerk_of_courtdisputed_fundsnc_statenc_trust_account_escrow_requirementsnorth_carolinatiming_forms_exceptions_and_authoritywritten_release

Related Concepts

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.

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.

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