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Oh Specific Contracts FormsEarnest_money_ohHARD

An Ohio broker handles earnest money in various transactions. In which of the following situations would the broker NOT be in violation of Ohio trust account rules?

Correct Answer

B) The broker maintains a small amount of personal funds in the trust account to cover bank service charges

Ohio allows brokers to maintain a small amount of personal funds in the trust account to cover bank service charges (such as monthly fees or check printing costs). This is an accepted exception to the commingling prohibition, provided the amount is minimal and used solely for account maintenance.

Answer Options
A
The broker deposits the earnest money into the trust account on the third banking day after receipt
B
The broker maintains a small amount of personal funds in the trust account to cover bank service charges
C
The broker uses earnest money from one transaction to cover a shortfall in another transaction
D
The broker moves earnest money from the trust account to a personal account after the transaction closes

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Related Topics & Key Terms

Key Terms:

trust_accountcommingling_exceptionbank_chargesORC_4735.24

Related Concepts

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

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