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Salesperson Gina works for Broker Howard's real estate company in Bloomington, Minnesota. A seller client hands Gina a $3,500 earnest money check at the time of signing the purchase agreement. Under Minnesota license law, what must Gina do with the check?

Correct Answer

A) Promptly deliver the check to Broker Howard for deposit into the broker's trust account

Under Minn. Stat. Ch. 82, salespersons are not authorized to maintain trust accounts or deposit client funds. When a salesperson receives earnest money or other client funds, they must promptly deliver those funds to their supervising broker. The broker is then responsible for depositing the funds into the brokerage's trust account within the required timeframe. This is a fundamental rule of trust account management under Minnesota law.

Answer Options
A
Promptly deliver the check to Broker Howard for deposit into the broker's trust account
B
Deposit the check into her personal savings account and notify Broker Howard
C
Mail the check directly to the seller's attorney for safekeeping
D
Hold the check until the purchase agreement is accepted by the seller, then deposit it herself

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Related Topics & Key Terms

Key Terms:

trust_accountsalesperson_dutiesearnest_moneybroker_supervision

Related Concepts

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.

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.

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