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Practice Of Real EstateEarnest_money_disputesHARD

When a dispute arises over earnest money held in a broker's trust account in Mississippi, the broker should:

Correct Answer

B) File an interpleader action and deposit the funds with the court

When a dispute arises over earnest money, the broker must not unilaterally decide who receives the funds. The appropriate action is to file an interpleader action, which involves depositing the disputed funds with the court and allowing the court to determine the rightful recipient. This protects the broker from liability for making an incorrect disbursement decision and ensures the matter is resolved through a neutral legal process.

Answer Options
A
Release the funds to the seller immediately
B
File an interpleader action and deposit the funds with the court
C
Split the funds equally between the buyer and seller
D
Release the funds to the buyer upon their written request

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Related Topics & Key Terms

Related Topics:

trust account managementcommingling of fundsfiduciary dutyMREC disciplinary actionsescrow disputes

Key Terms:

interpleadertrust accountearnest money disputeescrowbroker liability

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