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Practice Of Real EstateLicense_lawHARD

Salesperson Greg receives a $10,000 earnest money deposit from a buyer. Greg's broker is out of town and Greg deposits the funds in his own personal savings account, intending to transfer them to the brokerage trust account when the broker returns in three days. The buyer ultimately withdraws the offer and demands the return of the deposit. Greg promptly returns the full $10,000. Under Alabama law, which statement best describes Greg's situation?

Correct Answer

B) Greg has committed commingling, which is a license law violation regardless of whether any financial harm resulted

Under Alabama license law and AREC rules, commingling client funds with personal funds is a per se violation — meaning it is a violation regardless of whether any financial harm actually occurred. Greg's act of depositing the buyer's $10,000 earnest money into his personal savings account constitutes commingling. The fact that he returned the money in full and promptly does not cure the violation. Earnest money must be deposited into the broker's properly designated trust account, not a personal account, and the broker's absence is not a valid excuse under Alabama law.

Answer Options
A
Greg has not violated Alabama law because he returned the full deposit promptly and no financial harm occurred
B
Greg has committed commingling, which is a license law violation regardless of whether any financial harm resulted
C
Greg's actions are permissible because Alabama law allows a salesperson to hold earnest money for up to five business days before depositing it
D
Greg has committed conversion but not commingling, and conversion requires proof of intent to permanently deprive the buyer of the funds

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Related Topics & Key Terms

Key Terms:

comminglingtrust_accountearnest_moneyper_se_violationsalesperson_obligations

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