Azure Tide Realty Practice Test

Question: 1 / 400

What legal action should a broker take if there is a dispute over an escrow deposit?

File a lawsuit against both parties

Request an interpleader

When there is a dispute over an escrow deposit, requesting an interpleader is the most appropriate legal action for a broker to take. An interpleader is a legal procedure that allows a neutral third party—in this case, the broker—to deposit the disputed funds with the court and ask for a ruling on who is entitled to the funds. This helps to resolve the dispute without the broker having to take sides, thereby protecting their interests and allowing the court to determine the rightful claimant.

Choosing this route minimizes the risk to the broker of potential liability. By depositing the funds in the court, the broker is effectively stepping away from the conflict and requesting the judicial system to address the dispute. This ensures that both parties are given an opportunity to present their claims to the court, thus facilitating a fair resolution.

The other options involve actions that could either place the broker at risk or might not adequately resolve the dispute. For instance, filing a lawsuit against both parties could lead to complications, and returning the deposit to one party could leave the broker open to claims from the other claiming entitlement to the funds. Negotiating a settlement might not resolve the fundamental legal dispute over the funds, and may not be possible if both parties are firmly in opposition. Thus, the interple

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Return the deposit to the seller

Negotiate a settlement between the parties

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