The correct answer is B, Conversion. Conversion occurs when a licensee improperly uses or appropriates money belonging to another person for the licensee ' s own purposes.
This is more serious than simple commingling. Commingling occurs when client money is improperly mixed with the broker ' s personal or business funds. Conversion occurs when the broker actually takes or uses the entrusted money without legal authority.
For example, using a buyer ' s earnest-money deposit to pay office rent, advertising expenses, payroll, or the broker ' s personal bills constitutes conversion.
Massachusetts requires transaction deposits entrusted to a broker to be properly maintained in an escrow account and accounted for according to the transaction and applicable regulations. A salesperson receiving money must transmit it to the employing broker rather than exercising independent control over the funds.
Improper handling of client money can result in severe professional discipline and may also create civil or criminal consequences depending on the facts.
Study Guide Reference: Massachusetts License Law — Escrow Accounts, Commingling, Conversion and Fiduciary Accounting Duties.
