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Consumer ProtectionTrust AccountsHARD

A real estate agency's trust account is audited and found to have a shortfall of $15,000. Under consumer protection frameworks, which party is primarily responsible for making good this shortfall?

Correct Answer

C) The real estate agency as licence holder, which must make good the shortfall

The real estate agency as the license holder bears primary responsibility for trust account shortfalls and must rectify any deficiency. While compensation funds and insurance may ultimately provide consumer protection, the agency has the immediate obligation to restore proper trust account balances.

Answer Options
A
The individual agent who handled the transactions that caused the shortfall
B
The agency's professional indemnity insurer, which pays automatically
C
The real estate agency as licence holder, which must make good the shortfall
D
The state compensation fund, which covers every trust account shortfall

Why This Is the Correct Answer

The licensee in whose name the trust account is kept must make good any deficiency immediately. Insurance or compensation funds may help consumers later but do not shift that primary obligation.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

trust accountlicense holderprimary responsibilityconsumer protectioncompensation fund
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