Real Estate · Trust Account Management

Under state law, may a broker keep some of their own money in the trust account?

Correct answer

Generally only a small amount specifically allowed to cover bank service charges/fees and keep the account open — beyond that minimal amount, keeping personal/business funds in the trust account constitutes commingling

  1. A No, never any amount
  2. B Generally only a small amount specifically allowed to cover bank service charges/fees and keep the account open — beyond that minimal amount, keeping personal/business funds in the trust account constitutes commingling
  3. C Yes, up to half the account
  4. D Yes, unlimited amounts

Why this is the answer

BROKER'S OWN FUNDS IN THE TRUST ACCOUNT: Generally, a broker may keep only a SMALL, SPECIFICALLY ALLOWED amount of their own money in the trust account — to cover BANK SERVICE CHARGES/FEES and/or to keep the account open (minimum balance), where state law permits. ANYTHING BEYOND THIS minimal allowed amount = COMMINGLING (improperly mixing personal/business funds with client trust funds), which is prohibited;

State-specific limits: Many states specify a maximum amount (e.g., a small dollar figure) the broker can keep for fees; some states prohibit any personal funds.

Purpose of the exception: Banks charge service fees; without a small broker cushion, fees could be deducted from client funds (which is also improper); the small allowance lets fees be covered without touching client money.

Core rule: Trust funds belong to clients/beneficiaries and must be kept separate from the broker's funds; the account is for holding others' money (earnest money, deposits, rents); COMMINGLING and CONVERSION: Serious violations leading to discipline; the narrow exception — a minimal amount for bank fees — does NOT permit using the trust account for business funds; knowing this limited exception (small amount for fees only) and that anything more is commingling is important trust-account knowledge for brokers tested on the state exam.

Source: Real Estate Broker State — Trust Accounts, Broker's Own Funds

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About this topic: Trust Account Management

Trust account management questions cover the state's rules on opening and maintaining trust accounts, deposit deadlines, disbursement, reconciliation, audits and the penalties for mishandling funds. This is one of 12 Broker (State Law) questions on trust account management, each with a full explanation on a single study page.

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