Contracts
Under Montana law, if a buyer's earnest money is held in the broker's trust account and the transaction falls through, the broker may release the earnest money to one party only when:
AThe buyer requests it in writing
BBoth parties provide written instructions for disbursement, or a court orders it✓ Correct
CThe seller signs a release only
DAfter 30 days, regardless of party instructions
Explanation
When a transaction fails and there is a dispute over earnest money, the Montana broker should not release the funds to either party without written authorization from both parties or a court order to avoid liability.
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