Trust FundsIntermediateCalifornia Exam

A buyer's earnest money deposit is held in the broker's trust account. The sale falls through with no dispute. The broker may release the deposit:

AImmediately to the buyer without any authorization, per California trust fund record-keeping requirements
BOnly upon written instructions signed by all parties or a court orderCorrect
CAfter 30 days if no dispute is filed, under standard California trust fund handling rules
DTo whoever the broker believes is entitled to it, as required by DRE trust account regulations

Why Only upon written instructions signed by all parties or a court order Is Correct

Answer B: Only upon written instructions signed by all parties or a court order

When trust funds are held and a dispute arises (or even when both parties agree), the broker must not unilaterally release funds. Disbursement requires written instructions from all parties, a court order, or filing an interpleader action.

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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