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Laws Of Agency Fiduciary DutiesFiduciary_dutiesMEDIUM

A California broker's salesperson collects a $10,000 earnest money deposit on Friday. The broker is out of town and returns on Monday. Under California trust fund regulations, when must the funds be deposited?

Correct Answer

B) By the end of business Wednesday

Under California Business and Professions Code §10145 and Commissioner's Regulation 2832, trust funds must be deposited into the broker's trust account or escrow within three business days of receipt. The salesperson received the funds on Friday, so the three-business-day deadline is Wednesday (counting Monday, Tuesday, Wednesday). The broker's absence does not extend the deadline.

Answer Options
A
Friday (immediately upon receipt)
B
By the end of business Wednesday
C
By the following Friday (one week after receipt)
D
When the broker returns and has time to process the deposit

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Related Topics & Key Terms

Key Terms:

trust_funds3_business_daysearnest_moneydeposit_deadline

Related Concepts

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

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