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Georgia Broker Practice Exam
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Which situation is NOT appropriate for earnest money disbursal?
Buyer withdraws a purchase offer two days after acceptance
Seller backs out of the deal without cause
Property fails inspection and buyer requests refund
Closing does not occur due to lack of financing
Reveal Answer
Correct Answer:
Buyer withdraws a purchase offer two days after acceptance
Explanation:
The situation wherein a buyer withdraws a purchase offer two days after acceptance is not appropriate for earnest money disbursal because, generally, an earnest money deposit is intended to show the buyer's good faith in proceeding with the purchase once an offer is accepted. When a buyer retracts their offer shortly after acceptance, it does not typically constitute grounds for disbursing the earnest money to the seller. In real estate transactions, earnest money is often held in trust and can only be disbursed according to the terms of the contract or upon mutual agreement of the parties involved. If a buyer backs out shortly after acceptance, unless there are specific contractual provisions or contingencies that allow for such a withdrawal with proper justification, they are usually expected to adhere to the agreed terms of the purchase. In contrast, other situations listed—such as the seller backing out without cause, the property failing inspection, or closing not occurring due to financing issues—generally provide more established grounds for returning earnest money to the buyer as they typically align with contingencies specified in the purchase contract. Thus, the buyer's withdrawal shortly after acceptance is the scenario that does not fit the standard criteria for earnest money disbursal.
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