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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

Related Concepts

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.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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