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Practice Of Real EstateLicense LawMEDIUM

Broker Lisa manages several rental properties and maintains a property management trust account. One of her clients, landlord Mr. Chen, instructs Lisa in writing to transfer the security deposit funds for his three properties into a new separate account that Mr. Chen has opened at a different bank. The new bank is not federally insured. How should Lisa respond to this instruction?

Correct Answer

A) Lisa must decline to transfer the funds to a non-federally insured account because doing so would violate Tennessee trust account requirements

Tennessee TREC rules require that all trust funds be held in a federally insured financial institution located in Tennessee. This is a regulatory requirement that cannot be waived by client instruction. Regardless of Mr. Chen's written direction, Lisa cannot transfer client funds to a non-federally insured account without violating Tennessee trust account rules. The broker's obligation to comply with TREC regulations supersedes client instructions that conflict with those regulations.

Answer Options
A
Lisa must decline to transfer the funds to a non-federally insured account because doing so would violate Tennessee trust account requirements
B
Lisa must comply with Mr. Chen's written instruction because the client has the right to direct how his own funds are handled
C
Lisa should comply only if Mr. Chen signs a written waiver acknowledging that the new account is not federally insured
D
Lisa may transfer the funds because once the client directs the disposition of funds, the broker's trust account obligations are satisfied

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Related Topics & Key Terms

Key Terms:

trust_accountproperty_managementfederal_insuranceclient_instructionsregulatory_compliance

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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