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Laws Of Agency Fiduciary DutiesFiduciary_dutiesMEDIUM

Under California law, which of the following is NOT a requirement for a real estate broker's trust account?

Correct Answer

D) The account must be kept separate from the broker's general operating account, but may be commingled with funds from multiple clients within the same trust account

California law does not prohibit a broker from holding funds from multiple clients within a single trust account — this is standard practice and is not considered improper commingling. What is prohibited under California Business and Professions Code §10145 and Commissioner's Regulations §2835 is commingling client trust funds with the broker's own personal or business funds. Maintaining a single trust account that holds funds from multiple clients is permissible, provided accurate records are kept for each client's funds. Because this statement is partially misleading and does not reflect an actual legal requirement, it is the correct EXCEPT answer.

Answer Options
A
The account must be maintained at a bank or recognized depository institution in California
B
The account must be designated and labeled as a trust account
C
The broker must maintain complete and accurate records of all trust fund transactions
D
The account must be kept separate from the broker's general operating account, but may be commingled with funds from multiple clients within the same trust account

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Related Topics & Key Terms

Key Terms:

trust_accountrequirementsinterestEXCEPT

Related Concepts

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

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