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A broker-in-charge in Mooresville 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

B) 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
The broker may deposit disputed earnest money with any county clerk in North Carolina under current North Carolina rules
B
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.
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_1disputed_earnest_money_and_clerk_of_courtnc_statenc_trust_account_escrow_requirementsnorth_carolinascenario_traps_edge_cases_and_enforcementspecial_proceeding

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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