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Oh License Law Orc 4735Trust_accounts_2_banking_daysMEDIUM

Under ORC Chapter 4735, an offer is submitted with a $7,500 earnest money check and the seller rejects it the following morning. When may the broker release the earnest money to the buyer?

Correct Answer

A) Promptly upon rejection, because no binding contract was formed

Under ORC §4735.18, a broker's obligation to hold trust funds is tied to the existence of a binding contract. When an offer is rejected, no contract is formed, and the broker has no legal basis to continue holding the buyer's funds. Prompt return is required to avoid a conversion or commingling violation.

Answer Options
A
Promptly upon rejection, because no binding contract was formed
B
Only after the seller provides written authorization to release the funds
C
After the three-day rescission period following the rejection has expired
D
Only at the time a replacement offer is submitted or 30 days have elapsed, whichever comes first

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Related Topics & Key Terms

Key Terms:

earnest_money_returnoffer_rejectionprompt_returnORC_4735

Related Concepts

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

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