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Practice Of Real EstateLicense_lawMEDIUM

Grace is a licensed Michigan real estate salesperson. Her client, a buyer named Kevin, gives her a $10,000 earnest money check made out to Grace personally. Grace's employing broker, Superior Realty, maintains a dedicated trust account for client funds. Under Michigan law, what must Grace do with the earnest money?

Correct Answer

A) Grace must immediately deliver the earnest money to her employing broker at Superior Realty for deposit into the firm's trust account.

Under MCL 339.2512 and Michigan administrative rules, a salesperson who receives earnest money must immediately deliver it to the employing broker for deposit into the broker's separate trust account. The salesperson has no authority to hold, deposit, or otherwise handle client funds independently. The broker is legally responsible for maintaining the trust account and ensuring proper handling of client funds.

Answer Options
A
Grace must immediately deliver the earnest money to her employing broker at Superior Realty for deposit into the firm's trust account.
B
Grace may deposit the check into her personal account and write a check to Superior Realty's trust account by the end of the business week.
C
Grace must return the check to Kevin and instruct him to reissue it directly to Superior Realty's trust account.
D
Grace may hold the check uncashed in a secure location until the purchase agreement is fully executed by both parties.

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Related Topics & Key Terms

Key Terms:

earnest_moneytrust_accountbroker_responsibilitysalesperson_dutiescommingling

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