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An Alberta real estate associate discovers that their brokerage's broker has been using trust account funds for personal expenses. What should the associate do?

Correct Answer

D) The associate should report the broker's misuse to RECA's registrar in writing

Rule 53(h) of the RECA Rules requires an associate to notify the broker upon learning of a violation, but here the broker is the wrongdoer. Section 37(1) of the Real Estate Act lets any person make a written complaint to the registrar about a licensee's conduct, and misuse of trust money breaches the trust rules, so the associate should report it to the registrar in writing.

Answer Options
A
The associate has no obligation since they are not responsible for the trust account
B
The associate should discuss it privately with the broker and take no further action
C
The associate should immediately quit without reporting, to avoid being implicated in the misuse
D
The associate should report the broker's misuse to RECA's registrar in writing

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Key Terms

trust fundsmisappropriationcomplaint to registrarReal Estate Act s. 37Rule 53(h)
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