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Practice Of Real EstateLicense_lawMEDIUM

Broker Sarah discovers that her sales associate, Mike, has been collecting earnest money deposits from buyers and depositing them into his personal checking account instead of the broker's escrow account. When confronted, Mike admits he used some of the funds to pay personal bills but claims he intended to replace the money. What violation has Mike committed?

Correct Answer

A) Failure to account for and deliver funds

Mike has committed the violation of failure to account for and deliver funds by depositing client funds into his personal account and using them for personal purposes. This is a serious violation under F.S. 475.25(1)(k). Option B is incorrect because Mike is a licensed sales associate. Option C is incorrect as this scenario doesn't involve advertising violations. Option D is incorrect as this isn't related to continuing education requirements.

Answer Options
A
Failure to account for and deliver funds
B
Practicing without a valid license
C
Violating advertising regulations
D
Failure to maintain continuing education

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Related Topics & Key Terms

Key Terms:

escrow_violationstrust_fundssales_associate_violations

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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