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ContractsEarnest_money_handling_and_disputesMEDIUM

Under Washington real estate law and DOL regulations, all of the following are acceptable methods for resolving an earnest money dispute between a buyer and seller EXCEPT:

Correct Answer

A) The designated broker's unilateral determination that one party has a stronger legal claim

Under RCW 18.85 and WAC 308-124D, a Washington designated broker has no authority to unilaterally determine which party is entitled to disputed earnest money and release the funds accordingly. Doing so would expose the broker to liability and constitute a violation of trust account rules. The broker must retain the funds until there is a mutual written agreement, a court order, or another legally recognized resolution such as arbitration.

Answer Options
A
The designated broker's unilateral determination that one party has a stronger legal claim
B
A court order directing the broker to release funds to the prevailing party
C
A written mutual release agreement signed by both the buyer and the seller
D
A binding arbitration award directing disbursement of the earnest money

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Related Topics & Key Terms

Key Terms:

earnest_money_disputetrust_accountdispute_resolutiondesignated_brokerreverse_question

Related Concepts

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

An assignment of contract transfers one party's rights and obligations under a contract to a third party called the assignee. The original party, known as the assignor, transfers their contractual position to someone who was not originally part of the agreement.

A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.

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