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Practice Of Real EstateLicense_lawHARD

Broker Rachel operates a property management company in Connecticut and collects monthly rent payments from tenants on behalf of multiple property owners. She deposits all rental income into a single trust account. At the end of the month, she pays herself a management fee directly from the trust account before disbursing the remaining funds to the property owners. Under Connecticut law, which of the following best describes Rachel's practice of paying herself from the trust account?

Correct Answer

B) This practice is permissible only if each property owner has provided written authorization in the management agreement

Under Connecticut trust account rules (CGS § 20-324e), a property manager may disburse management fees from the trust account only when the management agreement expressly authorizes such disbursement. If each property owner's management agreement provides written authorization for the broker to deduct fees from collected rents before remitting the balance, the practice is lawful. Without such written authorization, the deduction would be an unauthorized conversion of client funds.

Answer Options
A
This practice is permissible because management fees are an authorized disbursement from trust funds once earned
B
This practice is permissible only if each property owner has provided written authorization in the management agreement
C
This practice constitutes commingling because the management fee is the broker's own money and must be withdrawn only after client funds are disbursed separately
D
This practice is a violation unless Rachel maintains a separate ledger entry for her fee within the trust account

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Related Topics & Key Terms

Key Terms:

trust_accountproperty_managementmanagement_feeswritten_authorizationcommingling

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