Trust FundsIntermediateCalifornia Exam

A buyer's earnest money is being held by the listing broker. The transaction falls through and there is a dispute about who is entitled to the funds. What should the broker do?

AGive the money to the seller as compensation for the failed deal, consistent with standard broker trust accounting practice
BReturn the money to the buyer immediately without seller consent, per California trust fund record-keeping requirements
CContinue to hold the funds in trust until both parties agree on the disbursement, or interplead the funds with the courtCorrect
DGive the money to their real estate attorney for safekeeping, under standard California trust fund handling rules

Why Continue to hold the funds in trust until both parties agree on the disbursement, or interplead the funds with the court Is Correct

Answer C: Continue to hold the funds in trust until both parties agree on the disbursement, or interplead the funds with the court

When there is a dispute about trust funds, the broker must NOT unilaterally disburse the funds to either party. The broker should continue holding the funds pending a mutual written agreement, or may file an interpleader action with the court, depositing the funds with the court to resolve the dispute.

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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