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Oh License Law Orc 4735Trust_accounts_2_banking_daysMEDIUM

A buyer verbally asks the broker to hold an earnest money check uncashed until after a home inspection is completed. Under ORC §4735.18, how must the broker respond?

Correct Answer

D) The broker must deposit the check within 2 banking days unless the purchase agreement itself provides for alternative handling

Under ORC §4735.18, a broker must deposit earnest money into a trust account within 2 banking days of receipt. The only recognized exception is a specific provision within the purchase agreement authorizing alternative handling. A verbal request from the buyer — even a written one from the buyer alone — does not satisfy this exception and does not override the statutory deposit requirement.

Answer Options
A
The broker may comply, provided the buyer submits the request in writing before the end of the business day
B
The broker must return the check to the buyer and collect a new check after the inspection is complete
C
The broker may comply only if both the buyer and seller sign a written agreement authorizing the delay
D
The broker must deposit the check within 2 banking days unless the purchase agreement itself provides for alternative handling

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Related Topics & Key Terms

Key Terms:

deposit_requirementuncashed_checkpurchase_agreementORC_4735

Related Concepts

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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.

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