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Practice Of Real EstateLicense LawHARD

Broker Nora receives a wire transfer of $25,000 as a buyer's earnest money deposit on a Monday morning. The purchase contract states that the earnest money will be held in escrow by the settlement company, not by the listing broker. Nora immediately wires the funds to the settlement company's escrow account the same day. Under Maryland trust account regulations, Nora's handling of these funds is:

Correct Answer

D) Permissible, because the contract designated the settlement company as the escrow holder and Nora transferred the funds as directed

Under Maryland trust account regulations, when a contract specifically designates a third party (such as a settlement company or attorney) as the escrow holder, the broker may transfer funds directly to that designated escrow holder without first depositing them into the broker's own trust account. Nora's immediate transfer of the funds to the settlement company as directed by the contract terms is permissible under COMAR 09.11.03.04, provided the transfer is documented and the designated escrow holder is an appropriate party.

Answer Options
A
Permissible only if Nora received prior written approval from MREC to bypass her trust account
B
A violation, because Nora was required to first deposit the funds into her own trust account before disbursing them
C
A violation, because wire transfers may not be used for earnest money deposits under Maryland law
D
Permissible, because the contract designated the settlement company as the escrow holder and Nora transferred the funds as directed

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Related Topics & Key Terms

Key Terms:

trust_accountescrow_holderwire_transfersettlement_company

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