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Once a broker physically receives a buyer's earnest money check, by when must the broker place those funds into the owner's hands, a neutral escrow depository, or a trust fund account?

Correct Answer

B) Not later than three business days after receipt, unless written instructions keep the check uncashed

Commissioner's Regulation 2832 (10 CCR 2832), adopted under Business and Professions Code §10145, requires a broker who accepts trust funds on behalf of another to place them into the hands of the owner of the funds, into a neutral escrow depository, or into a trust fund account not later than three business days following receipt. A buyer's check may instead be held uncashed until the offer is accepted if the check is non-negotiable by its terms or the buyer gave written instructions not to deposit or cash it, and the seller is told before or when the offer is presented that the check is being held; once the offer is accepted, a fresh three-business-day clock runs. Do not confuse this regulatory duty with the purchase agreement's contractual deadline for the buyer to deliver the deposit.

Answer Options
A
By the end of the same business day on which the check is received
B
Not later than three business days after receipt, unless written instructions keep the check uncashed
C
By the next business day after receipt, whether or not the offer has been accepted
D
Within five calendar days of receipt, matching the escrow opening timeline

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Related Topics & Key Terms

Key Terms:

earnest_moneydeposit_timeline3_business_daysRPAtrust_funds

Related Concepts

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

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