Money Belonging to Another

James L. Goldsmith, Esquire; Mette, Evans & Woodside • August 19, 2022

We all know the importance of placing deposit monies in an escrow account. Most of us know about the "next business day" rule. And while most of us know that a deposit check can be held until the next business day following seller's acceptance of an offer, few know why. If you are weak on anything I've referenced above, I suggest that you turn to the Rules and Regulations of the State Real Estate Commission, beginning at Section 35.321. Here you will find what you need to know about your responsibility in handling "money belonging to another".


So here's a test question:  must you deposit a lot reservation fee in an escrow account and, if so, when? I'm talking about the check a buyer gives you to temporarily reserve a building lot while the buyer and builder negotiate a new construction contract. While lot reservations may be paid directly to a builder, many times the builder wants nothing to do with managing these funds and expects the broker to hold them. And usually these funds are fully refundable if the buyer walks away within a limited period of time. I know brokers who have expressed to me their preference to hold these checks rather than deposit them. For one thing, there's a fair percentage of buyers who change their mind about new construction and who want their reservation fees returned. If the buyer's reservation fee is in the form of a check that's been deposited, it may take weeks for that check to clear. If the check hasn't yet cleared, you run the risk that it may never clear though the refund you've given the buyer will!


A big question is why are lot reservation fees required? If the reservation check is not deposited and the buyer stops payment, there is no benefit to having it. And if it is refundable, it's not as though you're really holding anything at all! Why not just give the buyer a 10-day lot reservation in exchange for their promise to negotiate the purchase of a new home with a builder? I presume there is some psychological benefit to having the buyer post a check despite the fact that it's not particularly good collateral when held in a desk drawer.


Another problem, a bigger problem, with the uncashed reservation check is that it is . . . a violation of the Rules and Regulations! If you read the sections of the Rules that I have cited above, you know that when a broker receives money belonging to another, that money (check) must go into an escrow account within the next business day. The only exception is for deposits that accompany a buyer's offer or a tenant's offer to lease. In those cases, the duty to deposit the funds in escrow extends to one day after the execution of the lease or purchase agreement. No exception is found for lot deposits or anything else.


While holding lot deposits may make sense, you've probably got a problem if you're doing so. If your builder is willing to hold these checks, and they are made payable to the builder and not to your broker, you are not likely violating any Rule. You would want to make clear that the buyer's lot reservation will be paid to and held by the builder, despite how obvious that would seem.


I hope this helps. As always, I'm interested in your thoughts on the matter.


Copyright© James L. Goldsmith, Esquire, 2022
All Rights Reserved


Facts, opinions and information expressed in the Blog represent the work of the author and are believed to be accurate, but are not guaranteed. The Lancaster County Association of Realtors is not liable for any potential errors, omissions or outdated information. If errors are noted within a post, please notify the Association. Posts represent the author's opinion and are not necessarily the opinion of the Association.

October 12, 2026
LANCASTER, PA – Lancaster County's housing market continued to show strength in September 2026, with rising home prices, increased inventory, and stronger year-over-year sales activity, according to the latest statistics from Bright MLS. The median sold price reached $370,000, a 4.2% increase from September 2025. A total of 457 homes were sold during the month, up 6.5% from the previous year. Housing inventory also improved, with 779 active listings, an increase of 17.3% compared to September 2025. New listings rose 4.8% to 551 properties, providing buyers with additional opportunities. “Lancaster County continues to demonstrate the strength and stability of our local housing market,” said Christina Diehl, President of the Lancaster County Association of REALTORS® (LCAR). “The increase in available homes is encouraging for buyers, while continued price appreciation reflects the strong demand for housing in our community.” Homes continued to sell quickly, spending an average of just 20 days on the market, compared to 25 days a year earlier. Properties also sold at an average of 103.1% of their original listing price, demonstrating continued competition among buyers. Year-to-date figures remain positive, with closed sales increasing 2.7% and the median sold price rising 4.3% to $365,000. “As we enter the final months of 2026, we remain optimistic about Lancaster County's housing market,” Diehl added. “While increased inventory offers buyers more choices, demand remains strong. Working with a knowledgeable local REALTOR® continues to be an important advantage for both buyers and sellers.” About the Lancaster County Association of REALTORS® The Lancaster County Association of REALTORS® (LCAR) represents real estate professionals throughout Lancaster County and is dedicated to promoting homeownership, protecting private property rights, and supporting professionalism in the real estate industry. 
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