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Practice Of Real EstateLicense_lawHARD

Under the Illinois Real Estate License Act of 2000, a licensee removes earnest money from an escrow account before the transaction is consummated or terminated and without any authorized basis for disbursement. Which statement correctly describes this conduct?

Correct Answer

A) It is improper because Illinois law requires escrow funds to remain on deposit until the transaction is consummated or terminated, unless a specifically authorized disbursement exception applies.

Under 225 ILCS 454/20-85, Illinois law strictly prohibits a licensee from disbursing escrow funds before a transaction is consummated or terminated unless a specifically authorized disbursement path applies — such as written agreement of all parties, a court order, or other statutory authorization. Removing funds without such authority constitutes improper conversion of escrow funds and is a disciplinary violation under the Act.

Answer Options
A
It is improper because Illinois law requires escrow funds to remain on deposit until the transaction is consummated or terminated, unless a specifically authorized disbursement exception applies.
B
It is permissible provided the sponsoring broker documents a reasonable belief that closing will occur within 30 days.
C
It is permissible provided the licensee replaces the funds in the escrow account at least three business days before closing.
D
It is permissible if both parties have verbally agreed to the early release of funds, even without written authorization.

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Related Topics & Key Terms

Key Terms:

difficulty_4disbursementescrow_trust_accounts_and_recordkeepingillinois_statescenariotrust_accounttrust_accounts_iluntil_termination

Related Concepts

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

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