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Practice Of Real EstateLicense_lawMEDIUM

Before starting the Illinois process that treats disputed escrow funds as abandoned, which timing requirement must the broker confirm together with the remaining statutory prerequisites?

Correct Answer

C) At least 6 months must have elapsed since a written demand for the escrow funds was made, and all other statutory conditions for abandonment must also be satisfied.

Under 225 ILCS 454/20-85, Illinois law establishes a narrow abandoned-escrow provision. One of the mandatory conditions is that at least 6 months must have elapsed after a written demand for the escrow funds was made. Additional statutory prerequisites must also be met concurrently — including that the funds remain disputed and that no court action or written agreement has resolved the dispute. All conditions must be satisfied before the abandoned-escrow path is available.

Answer Options
A
The escrow funds must have been deposited in an interest-bearing account for at least 90 days without activity.
B
A court of competent jurisdiction must first issue a declaratory judgment that the funds are unclaimed.
C
At least 6 months must have elapsed since a written demand for the escrow funds was made, and all other statutory conditions for abandonment must also be satisfied.
D
The sponsoring broker must have attempted to contact both parties at least twice by certified mail within a 30-day period.

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Related Topics & Key Terms

Key Terms:

abandoned_escrowdifficulty_3escrow_trust_accounts_and_recordkeepingillinois_statescenariosix_monthstrust_accounttrust_accounts_il

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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