Without being licensed as an escrow officer, a broker may not handle escrow activities when they:
Question & Answer
Review the question and all answer choices
represent the buyer.
Option A is incorrect because representing the buyer is an agency function, not an escrow activity. A broker can represent a buyer without handling escrow functions, as their role remains that of an agent, not an escrow officer.
represent the seller.
Option B is incorrect because representing the seller is also an agency function. While the broker facilitates the transaction, they don't assume escrow responsibilities unless specifically licensed as an escrow officer.
act as the principal.
are not otherwise involved in a transaction.
Option D is incorrect because if a broker is not involved in a transaction at all, they wouldn't be handling any escrow activities. The question specifically addresses when they may not handle escrow activities, not when they're uninvolved.
Why is this correct?
Option C is correct because when a broker acts as principal, they assume responsibilities equivalent to an escrow officer, including handling funds and documents, which requires specific licensing under California law. Acting as principal means they're no longer just representing a party but controlling the escrow process itself.
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