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Practice Of Real EstateLicense LawMEDIUM

Broker Angela in New Hampshire has been managing rental properties for several clients. She has maintained a single escrow account into which she deposits all security deposits and advance rents from multiple tenants. A NHREC audit reveals that Angela has been using funds from one client's security deposits to cover shortfalls in another client's account. Under RSA Chapter 331-A, which of the following violations has Angela committed?

Correct Answer

B) Angela has committed conversion by using one client's funds to cover another client's obligations.

Using one client's escrowed funds to cover obligations belonging to another client constitutes conversion under RSA 331-A. Conversion is the unauthorized use of funds held in trust for a purpose other than the one for which they were received. This is a serious violation and grounds for significant disciplinary action by the NHREC, potentially including license revocation.

Answer Options
A
Angela has committed commingling by maintaining a single escrow account for multiple clients.
B
Angela has committed conversion by using one client's funds to cover another client's obligations.
C
Angela has committed a minor bookkeeping error that requires correction but does not rise to a disciplinary violation.
D
Angela has violated the NH Consumer Protection Act only, because her conduct affected consumer clients.

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Related Topics & Key Terms

Key Terms:

conversionescrowtrust_accountdisciplinary_actionrsa_331_a

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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