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Consumer ProtectionTrust AccountsHARD

A real estate agency's trust account shows a deficit of $50,000 during a routine audit. The agency principal claims the money was temporarily borrowed for urgent repairs to a rental property. Under trust account legislation, this action is:

Correct Answer

C) Prohibited regardless of the circumstances or intention to repay

Trust account funds must never be used for any purpose other than their intended use, regardless of circumstances or intention to repay. Using trust account funds for agency purposes, even temporarily, constitutes a serious breach of trust account legislation and can result in severe penalties including loss of license.

Answer Options
A
Permissible if the funds are replaced within 30 days
B
Acceptable only with written consent from all affected clients
C
Prohibited regardless of the circumstances or intention to repay
D
Allowed only if approved by the state licensing authority

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Related Topics & Key Terms

Key Terms:

trust accountfiduciary dutyclient fundsabsolute prohibitionconversion
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