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Practice Of Real EstateLicense_lawEASY

Sarah is a licensed Virginia real estate salesperson who receives a $5,000 earnest money deposit check from a buyer. The buyer makes the check payable to Sarah personally. What must Sarah do with this check under Virginia VREB regulations?

Correct Answer

C) Promptly deliver the check to her principal broker for deposit into the broker's trust account

Under Virginia license law and 18 VAC 135-20-180, a salesperson has no authority to maintain a trust account. All client funds received by a salesperson must be promptly delivered to the principal broker, who is responsible for depositing the funds into the properly maintained trust account. The salesperson cannot hold, deposit, or control client funds independently.

Answer Options
A
Deposit the check into her personal bank account and notify her broker immediately
B
Hold the check uncashed until the transaction closes, then give it to the seller
C
Promptly deliver the check to her principal broker for deposit into the broker's trust account
D
Open a separate trust account in her own name and deposit the check within five business days

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Related Topics & Key Terms

Key Terms:

trust_accountsalesperson_dutiesearnest_moneybroker_supervision

Related Concepts

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.

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

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