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Practice Of Real EstateLicense_lawHARD

Broker Williams holds $8,000 in earnest money for a transaction that failed to close. The buyer and seller disagree about who should receive the funds. Both parties have made written demands for the money. What must Williams do?

Correct Answer

C) File an interpleader action within 30 days of the conflicting demands

When there are conflicting demands for escrowed funds, Florida law requires the broker to either obtain written agreement from all parties or file an interpleader action in court within 30 days. Option A violates the 30-day requirement. Option B may not resolve the conflict if contract terms are disputed. Option D assumes the buyer is entitled without proper determination.

Answer Options
A
Hold the funds until the parties reach agreement
B
Disburse the funds according to the purchase contract terms
C
File an interpleader action within 30 days of the conflicting demands
D
Return the funds to the buyer since the transaction failed

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Related Topics & Key Terms

Key Terms:

trust_accountsconflicting_demandsinterpleaderdispute_resolution

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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