The unauthorized withdrawal of any portion of an earnest money deposit from a broker's trust account before the sale is consummated or otherwise terminated, regardless of the intended use, is considered:

A) constructive fraud. B) commingling. C) negligent misrepresentation. D) unlawful agency.

The correct answer is option (B).

Explanation:

According to the scenario, the most appropriate answer is option (B) because commingling can be defined as the mixing or withdrawal of the client's money to the personal account without any intended use.

While the other options are not correct because of the following reasons:

Option (A) is not correct because constructive fraud shows the concept of telling customers false so it doesn't show as a fraud to the customer. Option (C) is not correct because negligent misrepresentation is not related to the withdrawing of money as it shows the false commitment to the client. Option (D) is not correct because an unlawful agency shows the concept of fraud as a company but not as a person.