North Carolina Contracts
Practice Questions & Answers (2026)
Contract law questions on the North Carolina real estate exam test both general contract principles and North Carolina-specific transaction requirements. The North Carolina Real Estate Commission (NCREC) tests how North Carolina contract law applies to purchase agreements, counteroffers, contingencies, and earnest money disputes. Pay close attention to offer and acceptance mechanics, how counteroffers extinguish prior offers, and the specific timelines under North Carolina law for earnest money handling and contingency resolution. These are areas where candidates who studied nationally often apply the right concept but the wrong NC-specific timeframe or rule.
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North Carolina Contracts — Practice Questions & Answers
122 questions on Contracts from the North Carolina real estate question bank. First 10 are free — sign up to unlock all 122.
Q1. The North Carolina Offer to Purchase and Contract is a standard form approved by:
Explanation
The standard Offer to Purchase and Contract used in North Carolina is a jointly approved form by the North Carolina Bar Association and NC REALTORS.
Q2. In North Carolina, the 'due diligence fee' paid at the time of an offer is:
Explanation
In North Carolina, the due diligence fee is non-refundable and paid directly to the seller upon offer acceptance. It compensates the seller for taking the property off the market during the due diligence period.
Q3. The 'due diligence period' in a North Carolina purchase contract is the time during which:
Explanation
During the due diligence period in North Carolina, the buyer may conduct inspections, review property information, and arrange financing. The buyer may terminate the contract for any reason and receive back the earnest money deposit.
Q4. Under the North Carolina Offer to Purchase, the earnest money deposit (EMD) is:
Explanation
The earnest money deposit is refundable to the buyer if they terminate the contract during the due diligence period. After the due diligence deadline, the EMD is generally non-refundable if the buyer defaults.
Q5. What is the legal effect of time being 'of the essence' in a North Carolina real estate contract?
Explanation
When time is of the essence, all parties must strictly adhere to the deadlines stated in the contract. Failure to perform by the specified date constitutes a material breach of contract.
Q6. A North Carolina contract is 'executory' when:
Explanation
An executory contract is one that has been agreed upon but not yet fully performed. A real estate contract is executory from signing until the closing when all terms are fulfilled.
Q7. In North Carolina, which contract form is most commonly used for residential real estate transactions?
Explanation
The Offer to Purchase and Contract (Standard Form 2-T), jointly approved by the NC Bar Association and NC Association of REALTORS, is the standard residential contract used in North Carolina.
Q8. Under the NC Standard Form 2-T, the 'Due Diligence Fee' is paid:
Explanation
The Due Diligence Fee in the NC contract is paid directly to the seller at contract formation and is generally non-refundable regardless of the outcome.
Q9. The 'Due Diligence Period' in a North Carolina real estate contract allows the buyer to:
Explanation
During the Due Diligence Period, the buyer may terminate the contract for any reason and receive a full refund of the Earnest Money Deposit (but not the Due Diligence Fee).
Q10. In North Carolina, if a buyer terminates a contract AFTER the Due Diligence Period expires without a valid contractual reason, they:
Explanation
If the buyer terminates after the Due Diligence Period without a valid reason, the seller is entitled to retain the Earnest Money Deposit as liquidated damages.
Q11. A contract for the sale of real estate in North Carolina must be in writing to be enforceable under:
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