Trust FundsIntermediateCalifornia Exam

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, under standard California trust fund handling rules
BHold the uncashed check as instructed AND disclose this arrangement to the sellerCorrect
CRefuse to accept a check not made out to the broker or escrow, as required by DRE trust account regulations
DCash the check and deposit proceeds in trust, consistent with standard broker trust accounting practice

Why Hold the uncashed check as instructed AND disclose this arrangement to the seller Is Correct

Answer B: Hold the uncashed check as instructed AND disclose this arrangement to the seller

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.

Exam Tip: Trust Funds

Trust fund questions test the rules for handling client money. Know the deadlines for depositing trust funds, what constitutes commingling vs. conversion, and the penalties for violations.

Key Trust Funds Terms in This Question

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