EstatePass
Practice Of Real EstateLicense_lawEASY

A broker disburses earnest money from the escrow account before the transaction closes or is terminated, based solely on one party's verbal request and with no other written authorization or agreed disbursement procedure. Which statement best describes this action under Illinois law?

Correct Answer

D) It is impermissible because Illinois law requires escrow funds to remain on deposit until the transaction is consummated or terminated, and disbursement requires written authorization through an approved process.

Under the Illinois Real Estate License Act of 2000 and 68 Ill. Admin. Code Part 1450, escrow funds must remain on deposit until the transaction is either consummated or properly terminated. Early or unauthorized disbursement — including disbursement based solely on a verbal request from one party — constitutes a violation. Permissible disbursement paths require written authorization, such as a written agreement signed by all parties, a court order, or another process specifically authorized under the Act. A broker who disburses escrow funds outside these channels risks license discipline and civil liability.

Answer Options
A
It is permissible if the broker documents the verbal request in the transaction file within 48 hours.
B
It is permissible provided the broker replaces the funds in the escrow account before the closing date.
C
It is permissible when both parties have verbally agreed to the early release, even without written confirmation.
D
It is impermissible because Illinois law requires escrow funds to remain on deposit until the transaction is consummated or terminated, and disbursement requires written authorization through an approved process.

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Practice Of Real Estate Question

Sign up free to unlock full analysis

Background Knowledge for Practice Of Real Estate

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Practice Of Real Estate

Sign up free to unlock full analysis

Common Mistakes to Avoid on Practice Of Real Estate Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

difficulty_2disbursementescrow_trust_accounts_and_recordkeepingillinois_statescenariotrust_accounttrust_accounts_iluntil_termination

Related Concepts

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Was this explanation helpful?

More Practice Of Real Estate Questions

People Also Study

Related Articles

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing