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Oh License Law Orc 4735Trust_accounts_2_banking_daysHARD

A dispute arises between a buyer and seller over earnest money currently held in an Ohio broker's trust account. Under ORC Chapter 4735, what is the broker's required course of action?

Correct Answer

B) Retain the funds in the trust account and pursue resolution through the contract's dispute provisions or an interpleader action in court

Under ORC §4735.18, a broker must retain disputed funds in the trust account and may not unilaterally disburse them to either party. The broker's proper remedies are to follow any dispute resolution provisions in the purchase contract or to file an interpleader action, which allows a court to determine the rightful recipient. This protects the broker from liability and ensures funds are not improperly released.

Answer Options
A
Release the funds to the seller, since the seller is the aggrieved party if the buyer defaults
B
Retain the funds in the trust account and pursue resolution through the contract's dispute provisions or an interpleader action in court
C
Return the funds to the buyer immediately, since the transaction has not closed
D
Disburse the funds equally between both parties to resolve the dispute without litigation

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Related Topics & Key Terms

Key Terms:

trust_fund_disputeinterpleaderretain_in_trustORC_4735

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