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New Jersey — Trust Accounts & Business Practices — New Jersey Real Estate — State Law Practice Test

New Jersey — Trust Accounts & Business PracticesQuestion 1 of 18

18 questions in this topic · 18 drawn at random this round

A New Jersey seller proposes that the listing broker keep, as commission, everything the property sells for above $400,000. How does New Jersey treat this kind of 'net listing'?

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This New Jersey Real Estate — State Law New Jersey — Trust Accounts & Business Practices practice set has 18 practice questions based on the official exam materials, each with an instant explanation.

Sample questions

Three questions from the New Jersey — Trust Accounts & Business Practices bank with the correct answer and an explanation. The practice quiz above draws 18 questions at random from the same bank.

  1. In New Jersey, what must a broker do with a deposit (earnest money) received in a real estate transaction?

    • Deposit it promptly into a special broker trust (escrow) account maintained in a New Jersey bank — Correct answer
    • Place it in the broker's general operating account until closing
    • Give it directly to the seller as soon as the offer is signed
    • Keep it as cash in the office safe until both parties agree on disbursement

    Explanation: Under N.J.A.C. 11:5-5.1, a broker must maintain a special non-interest-bearing trust (escrow) account in a New Jersey bank and promptly deposit all monies received on behalf of others into it. The broker holds the funds as a custodian/fiduciary; the money is never the broker's own. Trust account(信托/托管账户): a separate bank account where a broker holds others' money apart from the broker's own funds. NJ source: N.J.A.C. 11:5-5.1.

    Handbook: New Jersey Trust Accounts — broker must place deposits in a trust account (N.J.A.C. 11:5-5.1)

  2. A New Jersey broker uses a buyer's escrow deposit to pay the brokerage's office rent, intending to repay it before closing. Under NJ rules, this is:

    • Unlawful conversion of escrow funds and grounds for license discipline — Correct answer
    • Permitted, because the broker intends to repay the money before closing
    • Allowed if the brokerage keeps written records of the loan to itself
    • A minor bookkeeping error that the Commission does not regulate

    Explanation: Using trust-account money for the broker's own purposes is conversion — an unlawful use of another's funds — even if the broker intends to repay it. N.J.A.C. 11:5-5.1 and the License Act forbid it, and §45:15-17 makes it grounds for license suspension or revocation. Conversion(挪用/侵占): applying entrusted funds to one's own use. NJ source: N.J.A.C. 11:5-5.1; N.J.S.A. §45:15-17.

    Handbook: New Jersey Trust Accounts — no conversion of escrow funds (N.J.A.C. 11:5-5.1)

  3. What does it mean for a New Jersey broker to 'commingle' funds, and is it permitted?

    • Mixing others' trust funds with the broker's own funds — it is prohibited — Correct answer
    • Combining two clients' deposits into one account — it is required
    • Splitting one deposit across several banks — it is encouraged
    • Earning interest on a deposit for the broker — it is allowed

    Explanation: Commingling means mixing clients'/others' trust money with the broker's own personal or business funds in the same account. NJ rules require trust money to be kept separate in the trust account; commingling is prohibited under N.J.A.C. 11:5-5.1 even if no money is lost. Commingling(混同): improperly mixing trust funds with the broker's own funds. NJ source: N.J.A.C. 11:5-5.1.

    Handbook: New Jersey Trust Accounts — commingling prohibited (N.J.A.C. 11:5-5.1)