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Under TREC rules, a broker receives earnest money for a transaction that falls through. Both the buyer and seller sign a mutual release agreeing that the earnest money should be returned to the buyer. Under TREC rules, what should the broker do?

Correct Answer

B) Disburse the earnest money to the buyer in accordance with the signed mutual release

Under TREC rules, when both parties sign a mutual release directing the disposition of earnest money, the broker must disburse the funds accordingly. The signed mutual release is the proper authorization for the broker to release the funds.

Answer Options
A
Hold the funds for an additional 30 days in case either party changes their mind
B
Disburse the earnest money to the buyer in accordance with the signed mutual release
C
Disburse the earnest money to the seller because the seller suffered from the failed transaction
D
Keep the earnest money as a cancellation fee for the broker's time spent on the failed transaction

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Related Topics & Key Terms

Key Terms:

mutual_releaseearnest_moneydisbursementbuyer_refund
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