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Practice Of Real EstateLicense_lawEASY

Priya is a licensed Michigan real estate salesperson working at Grand River Realty. She receives a $5,000 earnest money deposit from a buyer and holds onto it in her personal checking account for three days while her broker is traveling. Under Michigan law, which of the following best describes this situation?

Correct Answer

C) Priya has violated Michigan law because the broker, not the salesperson, is responsible for depositing earnest money into a separate trust account.

Under Michigan law (MCL 339.2512 and related administrative rules), the licensed broker—not the salesperson—is legally responsible for receiving and depositing earnest money into a separate trust (escrow) account. A salesperson holding earnest money in a personal checking account constitutes commingling of funds, which is a disciplinary violation regardless of intent or the broker's temporary absence. The salesperson should have immediately transferred the funds to the broker.

Answer Options
A
Priya's actions are permissible because she is acting as the broker's authorized agent.
B
Priya's actions are permissible as long as the money is deposited into the broker's trust account within five business days.
C
Priya has violated Michigan law because the broker, not the salesperson, is responsible for depositing earnest money into a separate trust account.
D
Priya has violated Michigan law only if the buyer has not signed a written authorization for Priya to hold the funds.

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Related Topics & Key Terms

Key Terms:

earnest_moneytrust_accountcomminglingbroker_responsibilitysalesperson_duties

Related Concepts

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

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