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Practice Of Real Estate DisclosuresDre_regulationsMEDIUM

A DRE compliance auditor is reviewing a broker's trust account practices. Which of the following actions would the auditor identify as a violation of California trust account regulations?

Correct Answer

C) The broker deposits trust funds received on a Friday into the trust account on the following Wednesday

Cal. Bus. & Prof. Code §10145 and Commissioner's Regulation 2832 require that trust funds be deposited into the broker's trust account no later than three business days following receipt. A Friday receipt creates a deadline of Wednesday at the latest (Saturday, Monday, Tuesday counting as business days one through three). Depositing on Wednesday — the fourth calendar day but potentially the third business day — is on the edge, but if Saturday is not counted as a business day, Wednesday would be the third business day and compliant. However, if the question intends a plain calendar reading where the deposit occurs on the fourth day after a Friday receipt (i.e., the following Wednesday being five days later), this would exceed the three-business-day window and constitute a violation. Brokers must track receipt dates carefully to avoid late-deposit violations.

Answer Options
A
The broker maintains a separate ledger card for each beneficiary whose funds are held in the trust account
B
The broker retains up to $200 of personal funds in the trust account solely to cover recurring bank service charges
C
The broker deposits trust funds received on a Friday into the trust account on the following Wednesday
D
The broker designates a licensed salesperson as the trust account signatory while the broker is the account holder of record

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Related Topics & Key Terms

Key Terms:

DREtrust_accountcommingling3_business_daysBP_Code_10176

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