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An Ohio broker is retiring and transferring all active listings and pending transactions to another broker. The trust account holds earnest money from 5 pending transactions totaling $45,000. Under Ohio law, how should the trust account funds be transferred?

Correct Answer

C) The funds are transferred directly from the retiring broker's trust account to the new broker's trust account with proper documentation

When an Ohio broker transfers pending transactions to another broker, the trust account funds should be transferred directly from one trust account to another with proper documentation. Each transaction's funds must be individually tracked and accounted for to maintain compliance with ORC §4735.24.

Answer Options
A
The retiring broker writes a personal check to the new broker for the total trust account balance
B
The funds are returned to all buyers, who then re-submit earnest money to the new broker
C
The funds are transferred directly from the retiring broker's trust account to the new broker's trust account with proper documentation
D
The Ohio Division of Real Estate oversees the transfer and holds the funds temporarily

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Related Topics & Key Terms

Key Terms:

trust_accountbroker_transferfund_transitionORC_4735.24

Related Concepts

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

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