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  • Declaration Of Deposit Paid To Other Than A Real Estate Brokerage 2docx

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Declaration of Deposit To Be Held By Other Than A Real Estate Brokerage With regard to a Contract of Purchase and Sale for a property known as: Address Legal Description Dated and made between Buyer.

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If the buyer backs out just due to a change of heart, the earnest money deposit will be transferred to the seller. You also need to watch the expiration date on contingencies, as it can impact the return of funds. Make sure to work with a reputable, experienced real estate agent when crafting your offer.

Conversely, if the trust account balance is greater than the total liability, there is a trust fund overage and the broker may be in violation of Business and Professions Code Section 10176(e) for commingling. A trust fund discrepancy of any kind is a serious violation of the Real Estate Law.

Trust accounts must always be a balance equal to the security deposits total. three years.

Real estate brokers are required by state law to maintain trust accounts to keep client funds separate from the business and personal funds of the broker and their licensed salespersons. ... A broker's trust account liability is equal to the outstanding balance deposited for the account beneficiaries.

A broker is only permitted to commingle personal or business funds with trust funds in the following two DRE-authorized situations: The broker may deposit up to $200 of their own funds in the trust account to cover bank service charges on the account; and.

No arrangement under which a person named in items 3 or 4 is authorized to make withdrawals from a broker's trust fund relieves an individual broker or the broker-officer of a corporate broker licensee from responsibility or liability as provided by law in handling trust funds in the broker's custody.

Earnest money goes into an escrow account usually held by the real estate broker or the title company. If a deal falls apart because the house doesn't pass a home inspection, the earnest deposit is usually returned to the buyer.

Yes, the seller has the right to keep the money under certain circumstances. If the buyer decides to cancel the sale without a valid reason or doesn't stick to an agreed timeline, the seller gets to keep the money. These are the most common ways a buyer will lose their earnest money.

(1) Any trust money accepted by a broker is held in a fiduciary capacity and must be maintained in a designated trust account maintained by the broker or delivered to an escrow agent authorized in Texas in accordance with the agreement of the principals of the transaction.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232