each month:

Monthly reconciliation

Brokers maintaining bank trust accounts must compare and reconcile, at least once each calendar month

during which deposits or withdrawals occur, the general ledger for the entire trust account against the

separate subaccount ledger of each person and each transaction in the subaccounts. 

 

3 TIMES

Also, the broker who misappropriates

advance fees can be held liable for a money award up to three

times the amount of the missing trust funds, plus interest and attorney fees. [B & P C §10146; CC§3287]

 
$20,000

the individual’s recovery is limited to $20,000 per transaction and is further limited to actual

losses on the transaction which resulted from broker fraud. [B & P C §§10471 et seq.]

 



 

3 YRS RECORD

broker must account for the receipt and distribution of the check. Copies

of all receipts must be retained for three years. [DRE Reg. §2831(e)]

3 Times

The broker refuses to account to the owner. The owner sues the broker and is awarded a judgment for:


• three times the amount of rents collected by the broker and not paid to the owner;


• three times the amount of the cash advanced for maintenance, as no evidence exists showing the broker expended the funds for the benefit of the owner;


• pre-judgment interest at the legal rate (10%) on the rents and cash advanced from the date they were received by the broker;


• post-judgment interest (10%) until the judgment is satisfied;

• costs; and  • attorney fees.