2014 North Carolina General Statutes
Chapter 47G - Option to Purchase Contracts Executed With Lease Agreements.
§ 47G-6 - Effect of seller's default on loan secured by mortgage or lien on property.
47G-6. Effect of seller's default on loan secured by mortgage or lien on property.
If, at any time prior to the expiration of the time period in which the option purchaser has a right to exercise the option to purchase, a default occurs on a loan secured by a mortgage, security interest, or other lien on the property, the option purchaser may elect to exercise the option or cancel and rescind the contract and, in addition to any other remedies available at law or equity, seek the immediate return of all moneys paid by the option purchaser. If the purchaser elects to rescind the contract, the seller is entitled to an offset of an amount equal to the fair rental value of the use of the property during the duration of the purchaser's possession of the property plus an amount necessary to compensate the seller for any damages caused to the property by the purchaser beyond normal wear and tear. (2010-164, s. 3.)
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