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Practice Of Real EstateEarnest Money DisputesHARD

When a dispute arises over earnest money held in escrow, what is the broker's appropriate course of action in Rhode Island?

Correct Answer

B) Interplead the funds with the court and let the court decide

In Rhode Island, when a bona fide dispute arises over earnest money held in escrow, the broker should not unilaterally release funds to either party. The appropriate action is to interplead the funds — depositing them with the court and allowing the court to determine the rightful recipient. This protects the broker from liability and ensures a neutral resolution of the dispute in accordance with Rhode Island real estate law.

Answer Options
A
Release the funds to the seller as the property owner
B
Interplead the funds with the court and let the court decide
C
Split the funds equally between the buyer and seller
D
Release the funds to the buyer as the depositing party

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Related Topics & Key Terms

Related Topics:

escrow accountsbroker fiduciary dutyearnest moneyRhode Island DBR regulations

Key Terms:

interpleaderescrow disputeearnest moneybroker liabilityRIGL 5-20.5

Related Concepts

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

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