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Practice Of Real EstateLicense_lawEASY

Under Michigan's Occupational Code, who is legally responsible for maintaining a separate trust account for earnest money deposits received in real estate transactions?

Correct Answer

B) The licensed broker with whom the salesperson is affiliated

Under MCL 339.2512, the licensed broker is legally responsible for maintaining a separate trust (escrow) account for all earnest money and client funds received. The broker — not the salesperson — holds the fiduciary obligation to safeguard these funds.

Answer Options
A
The salesperson who negotiated the transaction
B
The licensed broker with whom the salesperson is affiliated
C
The title company handling the closing
D
The buyer who provided the earnest money deposit

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Related Topics & Key Terms

Key Terms:

trust_accountbroker_responsibilityearnest_moneyMCL_339_2512

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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