EstatePass
Practice of Real EstateEASYFREE

Can brokers commingle funds in North Carolina?

2:36
0 views

Question & Answer

Review the question and all answer choices

A

No

Correct Answer
B

Yes, under Timeshare Act

North Carolina's Vacation Rental Act and Timeshare Act impose additional escrow requirements on those transaction types but do not create any exception to the commingling prohibition β€” if anything, timeshare transactions face stricter fund-handling rules, not more lenient ones.

C

Sometimes, with buyer permission

Buyer permission is legally irrelevant to the commingling prohibition in North Carolina; a client cannot waive a broker's statutory duty to maintain separate trust accounts, and a broker who commingles funds with buyer consent is still subject to full disciplinary action by the NCREC.

D

Sometimes, with seller permission

Seller permission likewise provides no legal defense to a commingling charge in North Carolina; the rule protects the integrity of the transaction and the public interest broadly, and no single party's consent can override a statutory prohibition enforced by a state licensing board.

Why is this correct?

North Carolina General Statute Β§ 93A-6 and NCREC Rule 58A .0116 explicitly prohibit brokers from commingling trust money with personal funds or business operating funds, and this prohibition applies universally with no exceptions for client consent, transaction type, or any other circumstance. The NCREC has consistently held that commingling is a serious violation warranting license suspension or revocation. Option A is correct because the prohibition is absolute under North Carolina law.

Ready to Ace Your Real Estate Exam?

Access 2,000+ free video lessons covering all 11 exam topics.