What term describes Lester's act of depositing the earnest money check into his personal account?

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The appropriate term for Lester's act of depositing the earnest money check into his personal account is commingling. Commingling refers to the improper mixing of personal funds with clients' or escrow funds. In real estate transactions, earnest money is typically held in a trust or escrow account to ensure that it is kept separate from the broker's personal finances. By depositing the earnest money into his personal account, Lester is failing to maintain the proper separation required by law, which could lead to legal repercussions and loss of trust.

Misappropriation would imply that Lester is actively taking funds for his own use, which could be a broader term encompassing stealing. Unauthorized access refers to gaining access to something without permission, and fraud involves deceitful practices to secure unfair or unlawful gain. While these terms are related to unethical behavior, commingling specifically addresses the act of improperly mingling client funds with one’s own, making it the most accurate description of Lester's actions in this scenario.

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