hard · National Real Estate Exam agency

A broker is holding an earnest money deposit for a transaction that has fallen through. Both the buyer and the seller claim they are entitled to the funds. The broker should:

  1. Apply the disputed funds directly to the broker's own unpaid commission balance.
  2. Keep the funds until both parties sign a release or a court issues an order.
  3. Return the earnest money to the buyer immediately since the deal didn't close.
  4. Release the disputed money to the seller alone to protect the client's interest.

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