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Earnest money in South Carolina must be:

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Question & Answer

Review the question and all answer choices

A

Held by seller

Option A is incorrect because South Carolina does not allow sellers to directly hold earnest money. This creates potential commingling issues and liability concerns, which is why escrow arrangements are mandated.

B

Deposited in escrow per contract terms

Correct Answer
C

Given to buyer

Option C is incorrect because it defies the purpose of earnest money. Buyers provide this money to demonstrate good faith, not to give it to themselves. This option represents a fundamental misunderstanding of earnest money purpose.

D

No requirements

Option D is incorrect because South Carolina does have specific requirements for earnest money handling. The state mandates proper escrow arrangements to protect transaction participants.

Why is this correct?

Option B is correct because South Carolina law requires earnest money to be deposited in escrow according to the contract terms. This protects both buyer and seller, ensuring proper handling and accounting of the funds throughout the transaction process.

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