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Practice Of Real EstateLicense_lawMEDIUM

Broker Kevin maintains a trust account at a Virginia bank. He keeps $500 of his own funds in the trust account at all times to cover bank service charges and prevent the account from falling below the bank's minimum balance requirement. Under Virginia VREB regulations, which statement best describes this practice?

Correct Answer

D) It is permissible because Virginia regulations allow a broker to maintain a reasonable amount of personal funds in the trust account for the purpose of covering bank charges

Under 18 VAC 135-20-180, Virginia regulations expressly permit a broker to maintain a reasonable amount of personal funds in the trust account solely for the purpose of paying bank service charges or maintaining the required minimum balance. This is a recognized exception to the general commingling prohibition. The key is that the amount must be reasonable and used only for account maintenance purposes.

Answer Options
A
It is a violation of commingling rules because Kevin's personal funds are in the trust account
B
It is a violation of conversion rules because Kevin is using the trust account for personal financial benefit
C
It is permissible only if Kevin obtains written approval from the VREB before maintaining personal funds in the account
D
It is permissible because Virginia regulations allow a broker to maintain a reasonable amount of personal funds in the trust account for the purpose of covering bank charges

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Related Topics & Key Terms

Key Terms:

trust_accountcommingling_exceptionbank_chargesVREB_regulations

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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