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Broker Tom operates a real estate brokerage in Trenton, New Jersey. He maintains a trust account at a federally chartered bank headquartered in Pennsylvania, with a branch located in Trenton. Under New Jersey regulations, is this arrangement permissible?

Correct Answer

B) Yes, because the bank has a branch physically located in New Jersey

Under N.J.A.C. 11:5-2.4, a broker's escrow trust account must be maintained in a bank, savings bank, savings institution, or credit union authorized to do business in New Jersey. A federally chartered bank with a branch located in New Jersey is authorized to do business in New Jersey and therefore qualifies. The requirement is about authorization to operate in NJ, not about the bank's home state of charter.

Answer Options
A
Yes, because the account is held at a federally chartered institution, which supersedes state requirements
B
Yes, because the bank has a branch physically located in New Jersey
C
No, because the trust account must be held at a bank whose home state is New Jersey
D
No, because New Jersey requires trust accounts to be held at state-chartered banks only

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Related Topics & Key Terms

Key Terms:

trust_accountbank_requirementsescrowbroker_complianceNJREC

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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