Escrow & Title
In Montana, a 'release of earnest money' dispute between buyer and seller requires the broker to:
AUnilaterally give the earnest money to the party the broker believes is correct
BHold the funds until both parties provide written instructions or a court orders disbursement✓ Correct
CImmediately file the disputed funds with the court
DReturn the earnest money to the buyer as a matter of policy
Explanation
When buyer and seller dispute earnest money, the Montana broker holding the funds in trust must not release them to either party without written instructions from both or a court order. Unilateral disbursement exposes the broker to liability.
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