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A provisional broker in Raleigh is answering a client question about disputed earnest money and the clerk-of-court procedure. Which statement best applies under current North Carolina law?

Correct Answer

A) 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
After the broker deposits disputed funds with the clerk, either claimant may file a special proceeding to determine rightful ownership.
B
The clerk automatically gives the funds to the seller without any further process.
C
The parties must arbitrate through the MLS before the clerk can act.
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_1disputed_earnest_money_and_clerk_of_courtdisputed_fundsnc_statenc_trust_account_escrow_requirementsnorth_carolinaspecial_proceedingtiming_forms_exceptions_and_authority

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