EstatePass
Practice Of Real EstateLicense LawEASY

Broker Michelle maintains a trust account for her real estate firm. She is short on operating funds this month and considers temporarily borrowing $2,000 from the trust account, intending to repay it within two weeks. Under Tennessee law, which of the following best describes the consequence of this action?

Correct Answer

C) This constitutes conversion of trust funds and is grounds for license revocation regardless of intent to repay

Under Tenn. Code Ann. § 62-13-312 and TREC rules, using trust funds for any purpose other than the benefit of the client whose funds are held constitutes conversion. This is one of the most serious violations under Tennessee license law and is grounds for license revocation. The intent to repay is not a defense; the act of misappropriating trust funds is itself the violation.

Answer Options
A
This is permissible as long as Michelle repays the funds before any client demands them
B
This is permissible if Michelle documents the loan in writing and charges no interest
C
This constitutes conversion of trust funds and is grounds for license revocation regardless of intent to repay
D
This is permissible only if Michelle obtains written consent from all clients whose funds are in the account

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Practice Of Real Estate Question

Sign up free to unlock full analysis

Background Knowledge for Practice Of Real Estate

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Practice Of Real Estate

Sign up free to unlock full analysis

Common Mistakes to Avoid on Practice Of Real Estate Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

trust_accountconversioncomminglingdisciplinary_actionlicense_revocation

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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.

Was this explanation helpful?

More Practice Of Real Estate Questions

People Also Study

Related Articles

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing