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In Delaware, a broker who mixes client earnest money deposits with the broker's own personal or business operating funds is guilty of:

Correct Answer

B) Commingling, which is a license law violation

Commingling — mixing client funds such as earnest money or security deposits with a broker's personal or business operating funds — is strictly prohibited under Delaware license law (24 Del. C. Chapter 29). It is a serious violation that can result in disciplinary action including license suspension or revocation. Client consent does not make commingling permissible. Brokers must maintain a separate trust account for all client funds at all times.

Answer Options
A
A legally accepted accounting practice
B
Commingling, which is a license law violation
C
A permitted practice if the client provides written consent
D
A minor infraction subject only to a written warning

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Related Topics & Key Terms

Related Topics:

trust accountsconversion of fundsbroker disciplinefiduciary dutyDelaware Real Estate Commission

Key Terms:

comminglingtrust accountearnest moneylicense violationbroker disciplineclient funds

Related Concepts

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

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.

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