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Practice Of Real EstateLicense_lawHARD

Broker Patricia's real estate license in Minnesota is suspended by the MN DOC following a disciplinary proceeding. At the time of suspension, Patricia's trust account holds $42,000 in earnest money deposits for five pending transactions. Under Minnesota law, what happens to the trust account funds during the period of Patricia's license suspension?

Correct Answer

D) The trust account funds must be transferred to another licensed broker designated to handle the pending transactions and their trust obligations

Under Minn. Stat. Ch. 82 and MN DOC procedures, when a broker's license is suspended, the broker loses the authority to act as a real estate broker, including managing trust accounts. The pending transactions and associated trust funds must be transferred to another licensed broker who assumes responsibility for the trust obligations. This protects the clients' funds and ensures the transactions can continue to be managed lawfully.

Answer Options
A
The MN DOC immediately seizes all funds in the trust account and holds them pending investigation
B
The funds are automatically returned to each client within five business days of the suspension order
C
Patricia may continue to manage the trust account funds during suspension because the funds belong to her clients, not to her
D
The trust account funds must be transferred to another licensed broker designated to handle the pending transactions and their trust obligations

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Related Topics & Key Terms

Key Terms:

trust_accountlicense_suspensionbroker_disciplineclient_fund_protection

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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