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Practice Of Real EstateTrust AccountsMEDIUM

An exam-prep coach in Concord is revising a training memo on disputed earnest money and the clerk-of-court procedure. Which statement is NOT accurate under current North Carolina law?

Correct Answer

D) The broker must first wait for the buyer to sue before the clerk-of-court option exists.

This choice is the inaccurate statement. The other three options describe the current North Carolina rule or guidance more accurately.

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 disputed-money statute is aimed at earnest money and similar disputed monies, not at residential tenant security deposits handled under different law.
C
The broker must wait 90 days after notifying the persons claiming ownership before attempting to deposit disputed funds with the clerk of court.
D
The broker must first wait for the buyer to sue before the clerk-of-court option exists.

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Related Topics & Key Terms

Key Terms:

90_days_notice93a_12clerk_of_courtdifficulty_3disputed_earnest_money_and_clerk_of_courtnc_statenc_trust_account_escrow_requirementsnorth_carolinareversescenario_traps_edge_cases_and_enforcementtenant_security_deposit
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