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Regulatory ComplianceTrust AccountsABMEDIUM

An Alberta real estate associate notices that the brokerage's trust account appears to hold less money than the brokerage owes its clients and customers. Under the RECA Rules, what is the associate's most appropriate first step?

Correct Answer

C) Notify the broker, who is responsible for the trust account

Rule 53(h) of the RECA Rules requires an associate to notify the broker upon learning of a violation of the Act, Regulations, Rules or Bylaws, and the broker is responsible for the trust records and reviews the monthly reconciliation (Rules 51(1)(g), 86(3)). The brokerage must then fund any shortage with its own money (Rule 88), and the broker must notify the registrar in writing if the shortage cannot be determined or cannot be funded immediately (Rule 89).

Answer Options
A
Wait until the brokerage's year-end accountant's report to raise the discrepancy
B
Correct the ledger entries personally so the next monthly reconciliation balances
C
Notify the broker, who is responsible for the trust account
D
Deposit personal funds into the trust account to cover the shortage temporarily

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Key Terms

trust accounttrust shortageRule 53(h)Rule 88monthly reconciliation
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