Trust FundsIntermediateCalifornia Exam

A buyer and seller have a dispute over who is entitled to an earnest money deposit after a transaction falls through. The broker should:

ARelease the funds to whoever demands them first, as required by DRE trust account regulations
BAutomatically return the deposit to the buyer, consistent with standard broker trust accounting practice
CKeep the funds in trust until the dispute is resolved or seek guidance through interpleaderCorrect
DTransfer the funds to the DRE for determination, per California trust fund record-keeping requirements

Why Keep the funds in trust until the dispute is resolved or seek guidance through interpleader Is Correct

Answer C: Keep the funds in trust until the dispute is resolved or seek guidance through interpleader

When there is a dispute over trust funds, the broker must not release the funds to either party until the dispute is resolved — either by written agreement of the parties, a court order, or arbitration award. The broker may file an interpleader action with the court to deposit the funds and be relieved of further liability.

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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