Trust Funds

A broker receives an earnest money check from a buyer but the seller has not yet accepted the offer. The broker should:

ACash the check and hold the funds in their operating account until acceptance
BReturn the check to the buyer until acceptance
CHold the check uncashed or deposit it per written instructions, pending acceptance or per the contract terms✓ Correct
DSend the check directly to the seller

Explanation

Alabama practice and AREC guidance generally require brokers to hold earnest money checks uncashed (or deposit them per the contract terms) pending offer acceptance. The broker must not cash the check and commingle funds — and must follow the specific terms agreed to by the parties.

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