Trust Funds

A broker receives an earnest money check made out to the seller. The buyer instructs the broker to hold the check uncashed until offer acceptance. The broker MUST:

ADeposit the check within three business days regardless
BHold the uncashed check as instructed AND disclose this arrangement to the seller✓ Correct
CRefuse to accept a check not made out to the broker or escrow
DCash the check and deposit proceeds in trust

Explanation

A broker may hold an uncashed check per buyer's instructions if all parties are informed. However, the broker must disclose this arrangement to the seller (offeree) before or upon presentation of the offer, as required by DRE regulations.

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