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James is a broker associate working under Employing Broker Sandra in Colorado Springs. A buyer hands James a $10,000 earnest money check at the time of signing the purchase contract. Under Colorado law, who is responsible for ensuring the funds are deposited into the proper trust account?

Correct Answer

A) Sandra, because the employing broker bears ultimate responsibility for trust account management

Under C.R.S. § 12-10-217 and CREC rules, the employing broker is ultimately responsible for the proper handling and deposit of all trust funds received by any licensee working under their supervision. While James must promptly deliver the funds to Sandra, Sandra bears the legal responsibility for ensuring timely and proper deposit into the trust account.

Answer Options
A
Sandra, because the employing broker bears ultimate responsibility for trust account management
B
James, because he physically received the funds from the buyer
C
The buyer's lender, because earnest money is considered part of the loan transaction
D
Both James and Sandra share equal legal responsibility under Colorado law

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Related Topics & Key Terms

Key Terms:

trust_accountemploying_brokerbroker_associatesupervisionresponsibility

Related Concepts

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

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