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Practice Of Real EstateEarnest Money DisputesHARD

When a dispute arises over earnest money and the parties cannot reach an agreement, the broker should:

Correct Answer

B) File an interpleader action with the court

When parties dispute earnest money and cannot reach an agreement, the broker should not unilaterally release funds to either party. Instead, the broker may file an interpleader action, asking the court to determine the rightful recipient. This protects the broker from liability and ensures the dispute is resolved through a neutral legal process.

Answer Options
A
Release the funds to the seller
B
File an interpleader action with the court
C
Split the funds equally between the parties
D
Release the funds to the buyer

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Related Topics & Key Terms

Related Topics:

trust account managementearnest money handlingbroker fiduciary dutiesMontana real estate contract disputesescrow procedures

Key Terms:

interpleaderearnest money disputetrust accountescrowbroker liability

Related Concepts

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