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Practice Of Real EstateLicense LawMEDIUM

Jennifer, a designated broker in Maine, is retiring and wants to close her brokerage. She has several active listings and buyer representation agreements, as well as client funds held in her trust account. Under the Maine Real Estate Brokerage Act, what is her primary obligation regarding the trust account funds before she surrenders her license?

Correct Answer

B) She must disburse or transfer all trust account funds to the appropriate parties or to another licensed designated broker before surrendering her license

Under 32 M.R.S. § 13162, a designated broker closing a brokerage must properly disburse all trust account funds to the rightful parties or transfer them to another licensed designated broker who will assume responsibility for the active transactions. Trust funds cannot be abandoned or left in limbo when a brokerage closes.

Answer Options
A
She may transfer the trust account funds to her personal account temporarily while she arranges for clients to retrieve their money
B
She must disburse or transfer all trust account funds to the appropriate parties or to another licensed designated broker before surrendering her license
C
She must deposit all trust account funds with the Maine Real Estate Commission pending resolution of all active transactions
D
She must place all trust account funds in an interest-bearing escrow account managed by a Maine-licensed attorney

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Related Topics & Key Terms

Key Terms:

trust_accountsdesignated_brokerbrokerage_closureclient_fundsmaine_specific

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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