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Pa Rela Brokerage RulesTrust_accounts_paHARD

Under RELA, a Pennsylvania broker, Henry, holds $5,000 in escrow for a buyer's earnest money. The purchase agreement states that if the buyer defaults, the earnest money becomes the seller's liquidated damages. The buyer fails to perform and the seller demands the deposit. The buyer does not contest the default. What should Henry do?

Correct Answer

A) Release the funds to the seller after obtaining proper written authorization consistent with the purchase agreement terms, and maintain documentation of the release

Under RELA, when the purchase agreement specifies the disposition of earnest money upon default and the defaulting party does not contest, the broker should release the funds in accordance with the agreement terms after obtaining proper written authorization. The broker must maintain documentation of the disbursement.

Answer Options
A
Release the funds to the seller after obtaining proper written authorization consistent with the purchase agreement terms, and maintain documentation of the release
B
Hold the funds indefinitely until a court orders release
C
Release the funds to the seller immediately without any documentation
D
Return the funds to the buyer regardless of the contract terms

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Related Topics & Key Terms

Key Terms:

liquidated_damagesbuyer_defaultdisbursementwritten_authorizationtrust_accountRELA
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