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Practice Of Real EstateTrust AccountsHARD

A buyer representative in Wilmington 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

C) If earnest money becomes disputed, the broker must generally continue to hold it until the parties agree in writing, a court orders disbursement, or the clerk-of-court procedure is properly used.

If earnest money becomes disputed, the broker must generally continue to hold it until the parties agree in writing, a court orders disbursement, or the clerk-of-court procedure is properly used.

Answer Options
A
A dispute lets the broker release the money to whichever side complains first under current North Carolina rules
B
The broker may follow only the listing side's instructions because the seller owns the property under current North Carolina rules
C
If earnest money becomes disputed, the broker must generally continue to hold it until the parties agree in writing, a court orders disbursement, or the clerk-of-court procedure is properly used.
D
A disputed earnest money deposit should be split fifty-fifty unless the contract says otherwise under current North Carolina rules

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Key Terms:

court_orderdifficulty_4disputed_earnest_money_and_clerk_of_courtdisputed_fundsnc_statenc_trust_account_escrow_requirementsnorth_carolinascenario_traps_edge_cases_and_enforcementwritten_release
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