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Practice Of Real EstateLicense_lawEASY

Under the Illinois License Act of 2000, which of the following statements correctly describes when a broker may remove earnest money from an escrow account?

Correct Answer

C) Escrow funds must remain on deposit until the transaction is consummated or terminated, unless an authorized disbursement exception applies.

The Illinois License Act of 2000 requires that escrow funds belonging to others remain on deposit in the designated escrow account until the transaction is either consummated or terminated. Unauthorized removal of escrow funds constitutes commingling or conversion, which are grounds for license suspension or revocation under the Act. Disbursement is only permitted through authorized channels, such as written agreement of all parties, a court order, or other statutory exceptions—not at the broker's unilateral discretion.

Answer Options
A
A broker may remove escrow funds at any time if the transaction appears likely to close within 30 days.
B
A broker may temporarily remove escrow funds from the account provided the money is replaced before the closing date.
C
Escrow funds must remain on deposit until the transaction is consummated or terminated, unless an authorized disbursement exception applies.
D
A broker may release escrow funds upon the oral request of either party to the transaction.

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Related Topics & Key Terms

Key Terms:

difficulty_2disbursementescrow_trust_accounts_and_recordkeepingillinois_statescenariotrust_accounttrust_accounts_iluntil_termination

Related Concepts

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.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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