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Practice Of Real EstateLicense LawMEDIUM

Broker David maintains a property management trust account for rental properties he manages. At the end of the month, he collects $15,000 in rent from various tenants. He deposits the full amount into the trust account and then writes himself a check from that account for $1,500 representing his earned management fees. Which statement best describes whether David's actions comply with Tennessee trust account rules?

Correct Answer

D) David's actions are compliant only if the trust account is at a federally insured Tennessee institution and withdrawals are documented

Under Tennessee TREC rules, a broker managing rental properties may withdraw earned management fees from the trust account, provided that: (1) the fees are actually earned, (2) the withdrawal is properly documented, and (3) the trust account is maintained at a federally insured institution in Tennessee. Depositing the full amount and then withdrawing earned fees with proper documentation is the correct procedure. Both conditions in option D must be satisfied for compliance.

Answer Options
A
David's actions are fully compliant because he deposited all funds first before withdrawing his fees
B
David's actions are a violation because he should have deposited only the net amount after deducting his fees
C
David's actions are a violation because management fees may never be withdrawn from a trust account under Tennessee law
D
David's actions are compliant only if the trust account is at a federally insured Tennessee institution and withdrawals are documented

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Related Topics & Key Terms

Key Terms:

trust_accountproperty_managementmanagement_feesdocumentationcompliance

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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