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Practice Of Real EstateLicense_lawMEDIUM

Broker David is running low on operating funds and temporarily transfers $5,000 from his client trust account into his business operating account, intending to repay it within a week before anyone notices. Under Michigan law, which statement best describes this action?

Correct Answer

C) This constitutes commingling of trust funds and is a disciplinary violation regardless of David's intent or repayment

Under MCL 339.2512 and Michigan Occupational Code disciplinary provisions, commingling client trust funds with a broker's operating funds is a serious violation regardless of the broker's intent to repay or the duration of the transfer. The act of mixing funds itself constitutes the violation and can result in license suspension or revocation.

Answer Options
A
This is permissible as long as David repays the funds before the next audit and documents the transfer
B
This is a violation of Michigan law only if David fails to repay the funds within 30 days
C
This constitutes commingling of trust funds and is a disciplinary violation regardless of David's intent or repayment
D
This is permissible if David obtains written consent from all clients whose funds are in the account

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Related Topics & Key Terms

Key Terms:

comminglingtrust_accountbroker_disciplineescrow_violation

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