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Practice Of Real EstateLicense_lawHARD

David is a Washington designated broker whose firm is closing. He has $75,000 in client earnest money deposits in his trust account from three pending transactions. His real estate license expired last week because he forgot to renew it. Which of the following best describes David's obligations regarding the trust account funds?

Correct Answer

C) David remains obligated to properly account for and disburse the trust funds according to each transaction's terms, even with an expired license

Under RCW 18.85.361 and Washington DOL rules, a designated broker's obligation to properly account for and disburse trust funds does not terminate upon license expiration. The fiduciary duty to the clients whose funds are held continues, and David must ensure the funds are disbursed correctly according to each transaction's contractual terms. License expiration creates an additional violation (practicing without a license) but does not extinguish the trust fund obligations or authorize improper disbursement.

Answer Options
A
David may immediately disburse all funds to the respective clients since his license has expired and he can no longer legally hold them
B
David must transfer the trust account funds to a licensed escrow company immediately upon license expiration
C
David remains obligated to properly account for and disburse the trust funds according to each transaction's terms, even with an expired license
D
David's managing broker automatically assumes control of the trust account when the designated broker's license expires

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Related Topics & Key Terms

Key Terms:

trust_accountlicense_expirationdesignated_brokerfiduciary_dutydisbursement

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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