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Academy of Real Estate *
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CPPREP4105
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Accounting
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Feb 20, 2024
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19
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Written Questions
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Written Questions
Question 1
1.1
What is the name of the relevant legislation (including sections if applicable) in your
state/territory that outlines the requirements for operating a real estate trust account?
In Queensland dedicated legislation has been developed to cover all elements of
trust accounting. These are the Agents Financial Administration Act 2014 and
Regulaltion 2014.
1.2
Research and list the sections of the legislation relevant to the following areas of trust
accounting:
Part
Division (if
applicable)
Section/Clause
Receipts
2
2
6 to 10
Banking
2
3
12
Payments
2
3
13,14
Cashbook
2
4
15,16
Ledgers
2
5
19 to 21
Reconciliation
s
2
4
17,18
Question 2
List 5 examples of transactions that would NOT be entered into a trust account
accounting system. (e.g. payment of wages to office staff).
1. Payments of wages to office state.
2. Administration Expense including stationary.
3. Payment of office rent, utilities bill for the Office.
4. Vehicle and Phone related to the office staff, property managers, real estate
agents.
5. Payment related to the office like insurances.
Question 3
Complete the following table. Give (2) reasons that inaccuracies/discrepancies can occur in trust accounts and a
treatment to address these.
Source of Discrepancy
Treatment Strategy to Address the Discrepancy
E.g. Dishonoured cheque
•
Ensure that a reversal is completed in the
cashbook
•
Do not accept cheques as method of
payment
Rent allocated to the wrong
property
•
Ensure that the reversal of the transaction is
cpmpleted
•
Re-enter the rent to the correct property
Funds allocated to the
wrong account (Bonds, rent)
with references
•
Ensure that the reversal of the transaction is
completed
•
Ask the property manager the transaction was for?
•
Re-enter the funds to the correct account
Question 4
List (4) transactions you are likely to be handling on behalf of your clients / Principals
and group the transactions according to whether they are a receipt or a payment. Receipts
Payments
e.g. Rent paid into the agency from
tenant
e.g. Rent Payment to Landlord at the
end of the month
1. Rent paid into the agency from tenant
Rent Payment to Landlord at the End of
the Month
2. Bond paid into the agency from
tenant
Bond payment to the RTA in the same
week
3. Bond Refund into the agency from the
RTA
After claiming end of tenancy charges,
Bond payment to the tenant at the end of
the month
4. Utilities paid into the agency from tenant
Utilities payment to the supplier at the End of
the month
Question 5 What is the purpose of trust accounts in real estate?
Trust Accounts are specific forms of bank accounts that must be used by
professionals whose services require them to hold money in 'trust' for their clients.
Accountants, Real Estate Agents, and Solicitors are examples of professionals that
may be required to operate a Trust Account in order to facilitate transactoions on
half of their clients.
Question 6
What are the requirements under the legislation in relation to being able to operate a
real estate trust account?
In Queensland dedicated legislation has been developed to cover all elements of
trust accounting. These are the Agents Financial Administration Act 2014 and
Regulation 2014.
Managing a trust accout include Common Law principles and the fiduciary duties
and responsibilities between the agent (or agency) and the principal (client),
whereby an agent
•
Take such care in keeping safe money of the principal as a reasonably
prudent person would take in caring for their own property or money.
•
Keep all the monies and property of their principal seperate from their own.
•
Keep seperate accounts of all dealings on behalf of their principal and to be
ready to the principal at any time. Question 7
What is the difference between a trust account and a general account?
Trust Account: You must pay trust money into a trust account related to the
Property, Tenant or Owner
General Account: Non-trust monies are amounts you recieve that are unrealted to
acting as an agent. Usually, non-trust money must be paid into a generl account,
but there are some circumstances where it can be paid into a trust account.
Question 8
Explain the roles and responsibilities of the real estate personnel regarding the trust
account activities listed below. (e.g. who can and cannot perform these functions).
•
Receipting rent from a tenant
•
Ending of month disbursement of funds to the landlord
•
Receipting deposit from a purchase
•
Problems with the trust account
•
Issue a cheque for the balance of funds at settlement of a property.
A person who got the Real Estate Licence and has the responsibility to manage
these transactions related to properties can perform these functions.
Apart no one is allowed in the office to get an excess for trust account.
Question 9
Refer to the relevant legislation and outline the responsibilities of the licensee relating to
account transactions and audits. (Refer to the correct section of legislation as part of your answer.)
Agents Financial Administration Act 2014 - Division 3, Part 3, Section 36
(a) to inspct and audit, in each audit period, the trust accounts of each agent by
whom the auditor is engaged.
(b) to make an audit report for the agent for the audit period.
(c) if the agent for thw whole of the audit period-to make 2 unnannounced
examinations of the agent's trust accounts during he audit period.
(d) if the agent is an agent for less than the wole audit period, but more then 6
months of the period-to make 1 unannounced examination of the agent's trust
accounts during the audit period
Question 10
Read the following case and explain the impacts of trust inaccuracies/discrepancies on
clients and agency.
The regulator received a complaint in March 2018 alleging irregularities in the
agency’s trust account. It undertook a compliance check at the agency’s business
address in March 2018, which revealed the agency’s then Principal Licensee had
withdrawn a total of $ 121,000 on eleven separate occasions without authorisation.
The then Principal Licensee of the agency cooperated with the regulator and
admitted the funds transferred from the trust account were never intended for
personal gain, but were used as a “short term loan” to cover business expenses
until money could be returned to the trust account.
The agency’s clients suffered no loss as a result of the trust account
misappropriation.
In sentencing, the court stated the offending was of a very serious matter, but
considered a number of mitigating circumstances including an early guilty plea, the
cooperation with the regulator and no loss experience by consumers.
The impacts of trust inaccuracies/discrepancies on clients - Agency lose the trust
and business from that client, lose their funds.
The impacts of trust inaccuracies/discrepancies on agency can lose their licence
and can face severe penalties including heavy fines and even imprisionment,
defaming and spoil their reputation in the market.
Question 11
In 200 – 300 words, outline the monthly trust accounting processes required to be
undertaken by the real estate agency (including the applicable timeframes) in line with
legislation requirements in your state or territory.
The processes undertaken each month that ensure compliance with agency and
statutory requirements regarding the accuracy of trust records are:
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