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