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Practice Of Real EstateTrust AccountsMEDIUM

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

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Related Topics & Key Terms

Key Terms:

clerk_of_courtdifficulty_3disputed_earnest_money_and_clerk_of_courtdisputed_fundsnc_statenc_trust_account_escrow_requirementsnorth_carolinascenario_traps_edge_cases_and_enforcementspecial_proceeding
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