Unit 6 Flashcards

1
Q

What is a trust account?

A

An account dedicated to hold the peoples money

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2
Q

What type of broker needs a trust account?

A

Employing broker or independent broker (not broker associates)

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3
Q

Does a trust account hold referral, repair, or operations fees?

A

No

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4
Q

When should a trust account be established?

A

By the time they first receive money belonging to others

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5
Q

Who can hold earnest money?

A

A title company

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6
Q

How many trust accounts does an employing broker need?

A

Enough to ensure that funds are not being commingled.

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7
Q

What is a Sales Trust Account for?

A

Money held in connection with a sales transaction pending closing (earnest money).

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8
Q

What is a Management Trust Account for?

A

Money held in connection for Property Management Services

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9
Q

What is a Security Deposit Trust Account for?

A

For refundable security deposits from tenants managed by the broker

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10
Q

What is a Advanced Rental Trust Account for?

A

Rental money collected in advanced (i.e. short term vacation rental).

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11
Q

What is an Owners Association Trust Account for?

A

Funds held on behalf of condo or planned community associations

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12
Q

Does the amount of properties that the brokerage firm manages depend on the amount of trust accounts opened?

A

yes

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13
Q

How many trust accounts do you need if you have 6 or fewer properties? What goes in them?

A

1; earnest money, rent, security deposit

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14
Q

How many trust accounts do you need if you have 7 or more properties? What are they?

A

3; Earnest money account, rental money account, security deposit account (if the test says “many” it is 7+)

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15
Q

Do all parties have to agree to have an account interest bearing?

A

Yes

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16
Q

True or False? A trust account does not need to be insured by a government agency?

A

False

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17
Q

True or False? A trust account cannot be at a credit union.

A

True

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18
Q

True or False? The word trust or escrow must be in the account name so that the bank recognizes that it is a trust account.

A

True

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19
Q

True or False? The account must be in the name of the corporation and principal broker (employing broker)?

20
Q

Do branch offices need to have trust accounts separate from the main office if they keep separate bookkeeping systems?

A

Yes. If not, then no

21
Q

Who is responsible for supervising trust accounts?

A

Employing broker

22
Q

True or False? An employing broker must be able to withdraw funds from a trust account without a cosigner?

23
Q

Can other authorized parties, licensed or unlicensed, sign on the account, withdraw funds, and sign checks?

24
Q

Can you use broker’s funds to maintain the account? Is there a set dollar amount?

25
What are operating account funds?
Funds to operate brokerage business
26
Can you commingle operating account funds with trust funds?
No
27
Commission funds go from the trust account to _________ account.
operating
28
When are commission funds moved to the operating account?
before the disbursement and after they are earned
29
When can commission funds be earned?
After closing
30
Commission must be removed promptly (there is no set date). What is considered as prompt?
True. 10 days is not prompt
31
True or False? Earnest money is given to the listing broker and deposited in the listing brokerage or title company's account?
True
32
How many days do you have to deposit earnest money into an account after a contract is accepted?
3 days (only after the acceptance of the contract)
33
Who is responsible for holding the earnest money in a safe place until the offer is accepted?
The broker
34
What is a Earnest money promissory note?
Buyer says IOU earnest money to the seller (forgot check, etc.)
35
Who is responsible for collecting earnest money promissory notes?
Listing broker
36
If the buyer does not pay the promissory note, can the contract be voidable by the seller?
Yes
37
Who needs to have the Exclusive Right-to-Sell Contract on file?
Listing broker
38
Who needs to have the Exclusive Right-to-Buy Contract on file?
Buyer's broker
39
Do both brokers need to have copies of all other agreements made? What is specifically required?
Yes; - Closing statements (aka settlement statements) - Deeds, deeds of trust, title work
40
How long do records have to be kept?
4 years
41
What does an account journal consist of?
- Cash receipts/disbursements - All deposits, withdrawals, activity in the account - Indicate what he money is from and the dates deposited (not specific info on the individual)
42
What does a ledger account system consist of?
- Little details - Seperate funds in the account by single beneficiary or transaction - Info like SSN or tax ID #
43
What does a broker ledger card show?
Funds belonging to the broker (to maintain the account and pay any fees charged). Shows how much funds are used to start the trust account.
44
How often must trust account be reconciled?
Every month that there is activity in the account
45
If a sole proprietor closes their office and goes to work for a brokerage house. Who is responsible for the trust accounts from the closed office?
The former sole proprietor for four years
46
List 4 ways to safeguard your records.
1. Frequest reconciliation 2. Separation of duties 3. Outside audits 4. Real Estate Commission assistance
47
What is conversion?
Mixing one owner's funds to pay for another owner's bills (in property management).