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Practice Of Real Estate DisclosuresBrokerage_operationsHARD

A commission check payable to a California brokerage arrives after a transaction closes. The salesperson who closed the deal asks the broker to endorse the check directly to the salesperson rather than processing it through the brokerage. Under DRE regulations, what is the broker's correct course of action?

Correct Answer

C) The broker must deposit the check into the brokerage's operating account, record the receipt, and then disburse the salesperson's share with proper documentation

Earned commissions payable to the brokerage are the broker's business income, not client trust funds. Under DRE regulations, they must be deposited into the broker's operating (general) account — not the trust account. Commissioner's Regulation §2832 prohibits commingling client trust funds with the broker's own funds, and depositing earned commissions into the trust account would constitute commingling. The broker must record the receipt and disburse the salesperson's share with proper documentation per Regulation §2725, but this process runs through the operating account.

Answer Options
A
The broker may endorse the check directly to the salesperson as a matter of efficiency, provided both parties agree in writing
B
The broker must deposit the check into the brokerage's trust account and disburse the salesperson's share from that account
C
The broker must deposit the check into the brokerage's operating account, record the receipt, and then disburse the salesperson's share with proper documentation
D
The broker may endorse the check directly to the salesperson only if the salesperson is classified as an independent contractor rather than an employee

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Related Topics & Key Terms

Key Terms:

brokeragecommission_checktrust_accountendorsementCommissioner_Reg_2832

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