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Meet James and Linda they own a small property management firm their primary office is their home Linda is a licensed salesperson and James is the broker both James and Linda are signers on the property management trust account and of course this is appropriate because Linda is a licensed salesperson and James has given his written authorization for Linda to be a signer James and Linda's working arrangement is pretty standard most days James works in the home office generating new business and arranging for maintenance on the properties Linda walks the properties takes notes and reports her findings to games Linda also collects the rents from the renters and makes the deposits to the property management trust account the money that Linda collects from the renters does not belong to the firm it belongs to the owner of the property that is being rented on a regular basis without James's knowledge Linda goes to the bank and withdraws cash from the property management trust account sometimes a lot of cash and uses the cash to buy personal items such as gifts for clients groceries gasoline for the company vehicle because Linda always replaces the trust account money with her own money she feels that her conduct is legal and ethical but using trust funds the way Linda is using them is a crime in fact it is a felony called conversion felony conversion occurs when someone is entrusted with the property of another and uses that property for purposes other than that for which the property was intended to be used you see the intended sequence of events is the rental money goes from the renter to the property manager then straight into the property management trust account James then writes a check from the trust account to the owner of the property if the owner of the property has instructed James to electronically deposit the funds into his account then James instructs his bank to withdraw that fines from the trust account and electronically deposit them directly to the property owners account at no time during the process is the broker or authorized user of the trust account allowed to withdraw funds from the trust account and use the money for anything except the purpose for which the use was intended the idea that Linda replaces the money into the trust account with her own money does not change the fact that the crime of conversion has occurred in fact when Linda places her own money into the trust account she is committing another very serious license violation commingling occurs when a broker or authorized user places his or her own money into the trust account so although it may seem that James and Linda's business is pure bliss it is not Linda is breaking the law, and she is doing so on a daily basis James is not properly supervising Linda both James and Linda could face disciplinary action from the real estate department depending on the severity of the trust fund infractions they could both lose their licenses to practice real estate or even...
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