EstatePass
Practice Of Real EstateLicense_lawMEDIUM

Salesperson Jerome collected a $5,000 earnest money deposit from a buyer in connection with a purchase agreement for a home in Shreveport. Jerome deposited the funds into his personal checking account, intending to transfer them to his broker's trust account the following week. Under Louisiana license law, which of the following best describes Jerome's action?

Correct Answer

B) Jerome's action is a violation because salespersons may not personally hold client funds; all deposits must be promptly delivered to the supervising broker

Under Louisiana license law and LREC regulations, a salesperson is not permitted to personally hold client funds such as earnest money deposits. All such funds must be promptly delivered to the supervising broker for deposit into the broker's properly maintained trust account. Depositing client funds into a personal account, even temporarily, constitutes commingling and is a serious violation subject to disciplinary action.

Answer Options
A
Jerome's action is permissible as long as the funds are transferred to the broker's trust account before the closing date
B
Jerome's action is a violation because salespersons may not personally hold client funds; all deposits must be promptly delivered to the supervising broker
C
Jerome's action is permissible because Louisiana law allows salespersons to hold funds for up to seven business days before remitting them to the broker
D
Jerome's action is a violation only if the buyer requests a written receipt, which Jerome failed to provide at the time of deposit

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Practice Of Real Estate Question

Sign up free to unlock full analysis

Background Knowledge for Practice Of Real Estate

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Practice Of Real Estate

Sign up free to unlock full analysis

Common Mistakes to Avoid on Practice Of Real Estate Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

trust_accountearnest_moneycomminglingbroker_supervisionlicense_requirements

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.

Was this explanation helpful?

More Practice Of Real Estate Questions

People Also Study

Related Articles

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing