Key Takeaways

  • Kentucky principal brokers must maintain a trust account (escrow account) at a federally insured financial institution
  • All client funds (earnest money, security deposits, rent) must be deposited into the trust account promptly
  • Commingling broker funds with client funds is strictly prohibited
  • Trust account records must be maintained for at least 5 years in Kentucky
  • KREC has authority to audit trust accounts at any time without prior notice
Last updated: January 2026

Kentucky Trust Account Requirements

Kentucky principal brokers must maintain trust accounts to hold client funds separate from their operating funds.

Trust Account Basics

What is a Trust Account?

A trust account (also called an escrow account) is a bank account where brokers hold funds belonging to others:

Fund TypeExamples
Earnest money depositsBuyer's good faith deposit
Security depositsTenant deposits on rentals
Rent collectionsCollected on behalf of landlords
Other client fundsClosing proceeds pending disbursement

Where to Open

Trust accounts must be at:

  • A federally insured financial institution
  • Located in Kentucky or accessible in Kentucky
  • Properly titled in the brokerage name

Account Naming

The trust account must be titled to clearly indicate its purpose:

RequiredExample
Brokerage nameABC Realty Trust Account
Trust designationABC Realty Escrow Account
Clear identificationCannot be personal account

Deposit Requirements

Timing

SituationDeposit Deadline
Earnest moneyPromptly, as specified in contract
Security depositsPer lease agreement
RentPer management agreement

Key Rule: "Promptly" typically means within 3 business days of receipt unless otherwise specified.

Proper Deposits

All client funds must be deposited into the broker's trust account - not:

  • Sales associate's personal account
  • Broker's operating account
  • Any other non-trust account

Critical Rule: Sales associates cannot hold client funds. Only principal brokers maintain trust accounts.

Prohibited Practices

Commingling

Commingling is mixing client funds with broker's personal or business funds. It is strictly prohibited.

AllowedNOT Allowed
Client funds in trust accountClient funds in operating account
Small broker deposit to maintain minimum balanceLarge broker funds in trust account
Interest earned (per agreement)Using client funds for business expenses

Conversion

Conversion is using client funds for unauthorized purposes. It is a serious violation that can result in:

  • License revocation
  • Criminal charges
  • Civil liability
  • Payment from Recovery Fund

Record Keeping

Required Records

Brokers must maintain:

RecordDescription
Bank statementsMonthly statements from financial institution
Deposit receiptsDocumentation of each deposit
Check recordsDocumentation of each disbursement
Client ledgersIndividual records for each client
Transaction recordsAll transaction documentation

Retention Period

RequirementDuration
Trust account records5 years minimum in Kentucky
Transaction files5 years minimum

Kentucky Specific: The 5-year retention requirement is longer than some other states.

KREC Audits

KREC has authority to:

  • Audit trust accounts at any time without prior notice
  • Review records during investigations
  • Take disciplinary action for violations

Common Audit Findings

IssueConsequence
Shortage of fundsSerious violation - potential revocation
Poor record keepingWarning to suspension
Late depositsWarning to fine
ComminglingFine to revocation
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Trust Account Fund Flow
Test Your Knowledge

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Test Your Knowledge

Who is authorized to maintain a trust account for client funds in Kentucky?

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