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Under the Illinois Real Estate License Act of 2000, may a sponsoring broker hold a buyer's earnest money deposit in the brokerage's general operating account?

Correct Answer

D) No, Illinois law requires escrow funds belonging to others to be held in a dedicated escrow account that is separate from all personal and business operating accounts.

Under the Illinois Real Estate License Act of 2000 (225 ILCS 454/10-30), a broker is required to maintain all escrow funds belonging to others — including earnest money deposits — in a dedicated escrow or trust account that is strictly separate from the broker's personal funds and business operating accounts. Commingling escrow funds with operating funds is a violation of the Act regardless of the broker's intent, the amount involved, or any internal tracking system used.

Answer Options
A
Yes, provided the broker maintains a written ledger tracking the deposit separately within the operating account.
B
Yes, as long as the earnest money is disbursed within 30 days and the parties are notified in writing.
C
Yes, but only if the deposit is under $5,000 and the transaction is expected to close within 60 days.
D
No, Illinois law requires escrow funds belonging to others to be held in a dedicated escrow account that is separate from all personal and business operating accounts.

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Related Topics & Key Terms

Key Terms:

difficulty_2escrowescrow_trust_accounts_and_recordkeepingillinois_statescenarioseparate_accounttrust_accounttrust_accounts_il

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

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

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