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Practice Of Real EstateEarnest Money DisputesHARD

When a dispute arises between a buyer and seller over earnest money held in escrow in Delaware, the broker should:

Correct Answer

B) File an interpleader action with the court to let a judge determine the rightful recipient

When a dispute arises over earnest money, a Delaware broker must not unilaterally release the funds to either party, as doing so could expose the broker to liability. The appropriate course of action is to file an interpleader action with the court, which allows the broker to deposit the disputed funds with the court and have a judge determine the rightful recipient. This protects the broker from liability and ensures a neutral resolution of the dispute.

Answer Options
A
Release the funds to the seller immediately upon their request
B
File an interpleader action with the court to let a judge determine the rightful recipient
C
Split the funds equally between the buyer and seller
D
Release the funds to the buyer immediately upon their request

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Related Topics & Key Terms

Related Topics:

escrow account managementfiduciary dutiesearnest money handlingbroker liabilitycommingling of funds

Key Terms:

interpleaderearnest moneyescrow disputefiduciary dutybroker liabilityescrow account

Related Concepts

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