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Updated almost 7 years ago on . Most recent reply
Commingling Question - Urgent!
Hey BP members! I have a question about a current situation I am in. So heres the breakdown:
EMD amount of $1,000 - selling agent was provided with wiring instruction (account and routing for escrow account)
Buyer used email to "wire" EMD
Somehow (guessing they did not do a wire but a transfer using my email address) the funds went into my personal checking account
What now? Kind of summed it up to 2 ways
1. Cut a bank check from my personal account made to the escrow account, deposit it - and keep all documentation of why/how this deposit came from my personal account
2. Refund buyers the EMD deposit of $1,000 and have them resubmit the funds to the proper account?
Any help would be appreciated - I am located in CT but believe commingling laws are the same across the board
Most Popular Reply

Hi Brian,
I would definitely refund the money to the buyer and have them submit it properly to escrow. It would be just another added layer of protection. Make sure you notify all of the proper parties, especially your designated broker to ensure they're aware and see if they have any advice. Perhaps this has happened before and they know the exact answer.