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Practice Of Real EstateLicense_lawHARD

Broker Wilson's escrow account is garnished by a creditor seeking to collect a personal debt. The account contains $15,000 in client funds from pending transactions. What should Wilson do first?

Correct Answer

D) Immediately file a motion to protect the client funds from garnishment

Client funds in escrow accounts should be protected from garnishment for the broker's personal debts. Wilson must immediately seek court protection for these funds as they don't belong to him. Option A allows improper seizure of client funds. Option C could constitute conversion. Option D doesn't address protecting the client funds already garnished.

Answer Options
A
Pay the creditor from personal funds to release the garnishment
B
Transfer the funds to another escrow account to avoid garnishment
C
Allow the garnishment to proceed and notify clients afterward
D
Immediately file a motion to protect the client funds from garnishment

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Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

trust_accountsgarnishmentclient_protectionlegal_action

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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