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For the New Mexico state exam, how should a candidate analyze a broker mixes trust funds with unrelated brokerage or personal funds?

Correct Answer

A) Commingling of trust or custodial account funds is not permitted except for narrow rule-recognized items such as limited bank-charge funds or disclosed broker funds

New Mexico trust-account rules prohibit commingling and improper personal or operating use of trust funds. Source basis: 16.61.23 NMAC, Trust Accounts: trust account designation, records, deposits, disbursements, and commingling; checked 2026-04-30.

Answer Options
A
Commingling of trust or custodial account funds is not permitted except for narrow rule-recognized items such as limited bank-charge funds or disclosed broker funds
B
Commingling is acceptable if the broker intends to replace the money later
C
Trust funds may be used for the qualifying broker’s personal expenses
D
Funds of others can be deposited into any non-trust account

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Related Topics & Key Terms

Related Topics:

nm.S3trust-accounts

Key Terms:

new mexiconm.S3trust-accountscommingling-not-permitted

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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