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Brokerage Insolvency and Transaction Disruption

13 minPRO
4/6

Key Takeaways

  • Brokerages fail due to market downturns, over-expansion, trust account fraud, and technology disruption—thin margins make them vulnerable.
  • Brokerage failure during active transactions can freeze trust funds, displace agents, and delay closings by weeks.
  • Minimize trust account exposure by keeping deposits at the minimum and holding funds at the title company when possible.
  • Maintain independent copies of all transaction documents and know your state's real estate recovery fund process.
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Test Your Knowledge

1.What is the primary risk to investors when a brokerage becomes insolvent during an active transaction?

2.What protective measure can investors take against brokerage insolvency risk?

3.What is a state real estate guarantee fund?