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Ny License Law Dos RegulationsTrust_account_rulesMEDIUM

Broker Rachel receives an earnest money check for $3,500, but the buyer asks her to hold it for one week before depositing because they are waiting for funds to clear in their account. Under New York regulations, what should Rachel do?

Correct Answer

D) Deposit the check by the next business day as required by DOS regulations

New York DOS regulations require earnest money deposits to be made by the next business day after receipt, regardless of the buyer's preferences. The broker cannot delay deposit to accommodate the buyer's banking situation.

Answer Options
A
Honor the buyer's request and wait one week before depositing
B
Hold the check for three business days as a compromise
C
Return the check to the buyer until they are ready for immediate deposit
D
Deposit the check by the next business day as required by DOS regulations

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Related Topics & Key Terms

Key Terms:

trust_accountdeposit_timingbuyer_requestregulatory_compliance

Related Concepts

Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.

An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.

An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.

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