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Practice Of Real EstateLicense_lawMEDIUM

Broker James maintains a trust account for client funds at First Kentucky Bank. He is short on operating funds this month and temporarily transfers $3,000 from the trust account into his business operating account, intending to replace it before month-end. Under Kentucky law, James has most likely committed:

Correct Answer

D) Conversion, which is a serious violation that may result in license revocation under 201 KAR 11:150

Under 201 KAR 11:150, using client trust funds for any purpose other than the client's benefit — including temporary borrowing for operating expenses — constitutes conversion, which is among the most serious violations under Kentucky license law. Conversion can result in license revocation, civil liability, and potential criminal charges. The intent to repay does not excuse the violation.

Answer Options
A
An inadvertent error that KREC will excuse if the funds are restored before the next audit
B
A breach of fiduciary duty only to the specific client whose funds were used, with no KREC jurisdiction
C
Commingling, which is a minor administrative violation subject to a written warning
D
Conversion, which is a serious violation that may result in license revocation under 201 KAR 11:150

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Related Topics & Key Terms

Key Terms:

conversiontrust_accountcommingling201_kar_11_150disciplinary_action

Related Concepts

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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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