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Under Michigan's Occupational Code, a salesperson who receives earnest money from a buyer must:

Correct Answer

B) Deliver the funds to the employing broker for deposit into the broker's trust account

Under MCL 339.2512, a salesperson has no authority to maintain a trust account or independently hold client funds. When a salesperson receives earnest money, the salesperson must promptly deliver those funds to the employing broker, who is then responsible for depositing them into the broker's trust account. The broker — not the salesperson — bears legal responsibility for trust fund management in Michigan.

Answer Options
A
Deposit the funds directly into a trust account opened in the salesperson's name
B
Deliver the funds to the employing broker for deposit into the broker's trust account
C
Hold the funds personally until the purchase agreement is fully executed by all parties
D
Forward the funds directly to the title company designated in the purchase agreement

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Related Topics & Key Terms

Key Terms:

trust_accountsalesperson_dutiesearnest_moneybroker_responsibilityMCL_339_2512

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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