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Practice Of Real Estate DisclosuresDre_regulationsMEDIUM

A California salesperson receives a $3,000 earnest money deposit from a buyer on Tuesday morning. The salesperson does not deliver the funds to the broker until the following Monday. Under Commissioner's Regulation 2832, has a violation occurred?

Correct Answer

B) Yes, because the salesperson was required to deliver the funds to the broker no later than the next business day after receipt

Under Commissioner's Regulation 2832, a salesperson who receives trust funds must place them into the hands of the broker (or deliver them to a neutral escrow or the principal) no later than the next business day following receipt. Received on Tuesday, the salesperson was required to deliver the funds to the broker by Wednesday at the latest. Delivery on the following Monday is four business days late and constitutes a clear violation. The 3-business-day rule under Regulation 2832 governs the broker's obligation to deposit funds into a trust account — not the salesperson's obligation to deliver funds to the broker.

Answer Options
A
No, because the funds were delivered within 3 business days of receipt
B
Yes, because the salesperson was required to deliver the funds to the broker no later than the next business day after receipt
C
No, because the 3-business-day delivery rule applies to deposits under $5,000
D
Yes, but only because the salesperson failed to notify the broker in writing within 24 hours of receipt

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Related Topics & Key Terms

Key Terms:

DREtrust_funds3_business_daysvacationCommissioner_Reg_2832

Related Concepts

Megan's Law requires states to make information about registered sex offenders available to the public. Some states require real estate agents to inform buyers about the availability of sex offender registries.

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.

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