North Carolina General Statutes 143-143.51. Use of escrow or trust funds; penalty for violations
Terms Used In North Carolina General Statutes 143-143.51
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
(a) Buyer funds in the dealer’s escrow or trust account shall be held for the benefit of the buyer and may only be used for purposes authorized under the contractual obligations of the dealer to the buyer. No buyer funds in the dealer’s escrow or trust account may be used by the dealer until after all the terms set forth in N.C. Gen. Stat. § 143-143.21A are finalized and after the three-day right of cancellation period as set forth in N.C. Gen. Stat. § 143-143.21A has expired. The dealer may use buyer funds to complete the steps necessary for site preparation of property, when approved in writing in advance by the buyer. Buyer funds in the dealer’s escrow or trust account shall be promptly returned to the buyers when the buyer is entitled to return of the funds in accordance with N.C. Gen. Stat. § 143-143.21A.
(b) Notwithstanding any other provision of law and in addition to any other sanction the Board may impose under this Article, if the Board finds that a dealer has used a buyer’s funds for a purpose that is not authorized under subsection (a) of this section or if the Board finds that a dealer has failed to place deposits in the dealer’s escrow or trust account, the Board may fine the dealer or order restitution to the buyer in an amount up to the amount that the dealer misappropriated or failed to place in the account. (2005-451, s. 6.)