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NC S487

Bill

Status

Passed

6/27/2011

Primary Sponsor

Joshua Stein

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Authorizes attorneys licensed in North Carolina to deposit disputed earnest money with the clerk of superior court, expanding authority previously limited to real estate brokers.

  • Requires deposit to be made in the county where the property is located and mandates the attorney certify that disputing parties have been notified they may initiate a special proceeding to recover the funds.

  • Prohibits deposit of disputed monies until 90 days after notifying all persons claiming ownership of the disputed funds.

  • Applies only to monies received in a fiduciary capacity, excluding residential security deposits.

  • Became effective October 1, 2011.

Legislative Description

Disputed Earnest Money/Attorneys Deposit

Last Action

Ch. SL 2011-350

6/27/2011

Committee Referrals

Judiciary Subcommittee C5/2/2011
Judiciary I4/4/2011

Full Bill Text

No bill text available