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Pa Rela Brokerage RulesTrust_accounts_paHARD

A Pennsylvania broker places a small amount of personal funds into his escrow account to cover bank service charges and prevent the balance from falling below the bank's minimum requirement. Under RELA, is this permissible?

Correct Answer

B) Yes, a broker may keep a nominal amount of personal funds in the escrow account solely to cover bank charges and maintain the minimum balance

RELA and the Pennsylvania Real Estate Commission's regulations recognize a limited exception to the commingling prohibition: a broker may maintain a nominal amount of personal funds in the escrow account strictly to cover bank service charges and satisfy the bank's minimum balance requirement. This exception exists to prevent bank fees from inadvertently depleting client funds. Any personal funds beyond this nominal amount would constitute prohibited commingling under 63 P.S. §455.604.

Answer Options
A
No, any broker funds in the escrow account constitute commingling and are strictly prohibited under all circumstances
B
Yes, a broker may keep a nominal amount of personal funds in the escrow account solely to cover bank charges and maintain the minimum balance
C
Yes, but only if the broker obtains written consent from all clients whose funds are held in the account
D
No, the broker must close the account and open a new one if the balance approaches the bank's minimum requirement

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Related Topics & Key Terms

Key Terms:

nominal_fundsbank_chargescommingling_exceptionescrowtrust_accountRELA
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