Escrow & Title
When a NH property changes hands, the listing broker is responsible for disbursing the earnest money deposit to the parties according to:
AThe broker's personal judgment
BThe contract's terms, or a written agreement between the parties, or a court order✓ Correct
CNHREC's instructions in every case
DThe seller's written instructions only
Explanation
A broker may only disburse trust account funds according to the contract's terms (at closing), a written release signed by all parties, or a court order. Unilaterally disbursing funds to one party when there is a dispute can expose the broker to liability.
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