In this case study, an agent takes funds that are supposed to be put into an escrow account and deposits them into her personal bank account without letting her broker know of her actions. Immediately upon learning of her actions, the Principal Broker reports the behavior to DPOR and returns her license, demonstrating her commitment to safeguarding the public and supervising the agents in her firm.

In this case study, the agent failed to make a timely deposit of the escrow funds. Despite having signed an acknowledgment of the Broker’s Policy and Procedure Manual, the agent still failed to input the contract and timely deposit the funds. Nevertheless, because of these policies and procedures, the Principal Broker was still able to discover the error and report the escrow violation to DPOR, ensuring that she properly supervised the agents in the firm.

In this case, an agent performs regulated activities outside of her brokerage firm. Real estate licensees must not perform regulated activities outside of their brokerage firm.

Business continuity planning creates systems and procedures for what happens when the unexpected happens—whether that’s weather, illness, or death. This type of planning is essential to agents, teams, brokers, and firms. The law in Virginia addresses what happens if the sole broker at a firm dies or becomes disabled.

This case looks to an escrow violation, where the agent failed to timely deposit the EMD check by one day. Even a late deposit of only one day is an escrow violation. However, the brokerage firm had clear policies regarding escrow and the agent took full responsibility for his actions, which the board took into consideration.

This case study highlights how agents must access property only on the terms provided, and not in a fraudulent or dishonest manner. In this instance, the broker was not held liable for the agent’s actions, and it is important to note that the firm took immediate action to prevent future occurrences from happening.

This case study highlights how brokers may be held responsible for errors of their employees in the handling of earnest money deposits (EMD). It again demonstrates the importance of following the regulations pertaining to earnest money deposits.

This case highlights the importance of delivering documents to your clients, whether they have been requested or not.

Beware of these most common Real Estate Board violations by licensees. You’ll notice one common theme: escrow funds. Violations involving escrow funds continue to be some of the most frequently violated regulations for real estate licensees. Brokers, make sure you have policies in your office policy manual and provide education to prevent you and your licensees from engaging in any of these common offenses.