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Practice Of Real EstateLicense_lawMEDIUM

Associate Broker David is holding earnest money from a buyer in a pending residential transaction. The transaction falls through and the buyer demands the return of the earnest money. Under New Mexico license law, who is ultimately responsible for the proper handling and disbursement of the trust account funds?

Correct Answer

D) The Qualifying Broker, because only the Qualifying Broker is responsible for trust account management

Under NMAC Title 16, Chapter 61, only the Qualifying Broker is responsible for establishing, maintaining, and managing the brokerage trust account. Associate Brokers cannot be signatories on trust accounts and cannot independently hold client funds. All trust account responsibilities, including proper disbursement of earnest money, fall on the Qualifying Broker.

Answer Options
A
David, because he collected the funds directly from the buyer
B
The buyer's attorney, because disputed funds must be handled by legal counsel
C
The title company, because New Mexico requires all earnest money to be held in escrow by a title company
D
The Qualifying Broker, because only the Qualifying Broker is responsible for trust account management

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Related Topics & Key Terms

Key Terms:

trust_accountqualifying_brokerearnest_moneyassociate_broker

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