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A broker in Anchorage is holding a $15,000 earnest money deposit in her trust account. The transaction falls through and the buyer cannot be located after repeated attempts. Under Alaska law, what must the broker ultimately do with these unclaimed trust account funds?

Correct Answer

C) Escheat the funds to the State of Alaska after the dormancy period required under AS 34.45

Under the Alaska Uniform Disposition of Unclaimed Property Act (AS 34.45), unclaimed property—including unclaimed earnest money and trust account funds—must be reported and eventually escheated (turned over) to the State of Alaska after the applicable dormancy period has elapsed. The broker cannot simply retain the funds or redirect them to another party.

Answer Options
A
Transfer the funds to the Alaska Real Estate Commission's education fund after 90 days
B
Retain the funds in the trust account indefinitely until the buyer is located
C
Escheat the funds to the State of Alaska after the dormancy period required under AS 34.45
D
Donate the funds to a licensed Alaska nonprofit organization of the broker's choosing

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Related Topics & Key Terms

Key Terms:

trust_accountunclaimed_propertyescheatAS_34_45broker_obligations
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