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Practice Of Real Estate DisclosuresDre_regulationsMEDIUM

A California real estate salesperson receives a $25,000 cashier's check as an earnest money deposit from a buyer. The purchase agreement is silent on the timing of deposit handling. Under DRE regulations, what is the salesperson's obligation regarding this trust fund, and what is the broker's subsequent obligation?

Correct Answer

B) The salesperson must deliver the check to the broker within 1 business day of receipt; the broker must then deposit it into a trust account, place it in escrow, or otherwise handle it within 3 business days of receipt

Commissioner's Regulation 2832 establishes a two-step obligation. First, the salesperson must deliver trust funds to the broker within one business day of receipt — the salesperson has no independent authority to hold trust funds. Second, once the broker receives the funds, the broker must deposit them into a trust account, deliver them to escrow, or otherwise handle them as directed by the parties within three business days of the salesperson's original receipt of the funds. These are distinct obligations that apply to different parties in sequence.

Answer Options
A
The salesperson must deliver the check to the broker within 3 business days; the broker must then deposit it into a trust account within 3 business days of the salesperson's receipt
B
The salesperson must deliver the check to the broker within 1 business day of receipt; the broker must then deposit it into a trust account, place it in escrow, or otherwise handle it within 3 business days of receipt
C
The salesperson must deposit the check directly into escrow within 1 business day of receipt without involving the broker
D
The salesperson must deliver the check to the broker within 24 hours; the broker must deposit it into a federally insured bank account within 24 hours of receiving it from the salesperson

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Related Topics & Key Terms

Key Terms:

DREtrust_fundsescrow3_business_daysCommissioner_Reg_2832

Related Concepts

Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.

A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.

Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.

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