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Laws Of Agency Fiduciary DutiesFiduciary_dutiesMEDIUM

A California broker is audited by the DRE and found to have commingled personal funds with client trust funds. Under California law, what is the most likely consequence?

Correct Answer

D) The broker's license may be suspended or revoked by the DRE

Under California Business and Professions Code §10176(e), commingling personal funds with client trust funds constitutes grounds for disciplinary action, up to and including license suspension or revocation. Commingling is treated as a serious breach of fiduciary duty because it endangers client funds and undermines the trust relationship at the core of agency.

Answer Options
A
The broker receives a formal written warning and is required to complete a trust fund handling course
B
The broker must immediately separate the funds and reimburse any clients who suffered losses
C
The broker is subject to a civil penalty not to exceed $1,000 per violation
D
The broker's license may be suspended or revoked by the DRE

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Related Topics & Key Terms

Key Terms:

comminglingtrust_fundslicense_revocationB&P_Code_10176
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