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Pa Rela Brokerage RulesTrust_accounts_paMEDIUM

A Pennsylvania broker holds $15,000 in earnest money for a pending transaction. The sale falls through and both the buyer and seller submit written demands claiming the deposit. Under RELA, what is the broker's correct course of action?

Correct Answer

B) Retain the funds in escrow and may initiate an interpleader action to have a court determine the rightful party

Under RELA, when a broker receives conflicting written demands for escrowed funds, the broker must retain the funds in escrow and may file an interpleader action. Interpleader allows the broker to deposit the disputed funds with the court and be relieved of liability while the court determines the rightful claimant.

Answer Options
A
Release the funds to the seller, since the seller's damages take priority under contract law
B
Retain the funds in escrow and may initiate an interpleader action to have a court determine the rightful party
C
Disburse the funds to the buyer, since earnest money is presumed refundable unless the contract states otherwise
D
Divide the funds equally between the parties to resolve the dispute without litigation

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Related Topics & Key Terms

Key Terms:

disputed_fundsinterpleadercourt_actionescrowtrust_accountRELA
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