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Practice Of Real Estate DisclosuresDre_regulationsHARD

A broker receives a $15,000 earnest money check directly from a buyer on a Monday. The broker deposits the funds into the trust account on the following Monday — six calendar days later. Under Commissioner's Regulation 2832, how should the DRE auditor classify this?

Correct Answer

C) A violation of the deposit timing requirement, which may subject the broker to DRE disciplinary action

Commissioner's Regulation 2832 requires a broker who receives trust funds to deposit them into a trust account within 3 business days of the broker's receipt. Receiving funds on Monday and depositing the following Monday exceeds this deadline regardless of the dollar amount involved. This timing violation may result in DRE disciplinary action including fines, suspension, or license revocation.

Answer Options
A
No violation, because the 3-business-day clock begins when escrow opens, not when the broker receives the funds
B
No violation, because the deposit requirement only applies to trust funds exceeding $25,000
C
A violation of the deposit timing requirement, which may subject the broker to DRE disciplinary action
D
A technical deficiency correctable by re-dating the deposit receipt to reflect the original receipt date

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Related Topics & Key Terms

Key Terms:

DREtrust_accountauditlate_depositCommissioner_Reg_2832

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