Key Takeaways

  • Oklahoma brokers must maintain trust/escrow accounts only if they hold funds belonging to others
  • Trust accounts must be in federally insured financial institutions with deposits insured by a federal agency
  • All escrow funds must be deposited by the end of the third banking day following acceptance
  • Commingling broker funds with client funds is prohibited
  • Trust account records must be maintained for 5 years after contract completion
Last updated: January 2026

Oklahoma Trust Account Requirements

Oklahoma brokers must maintain trust accounts to hold client funds separate from their operating funds when handling money belonging to others.

Trust Account Basics

What is a Trust/Escrow 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

When Required

A trust account is not mandatory unless funds belonging to others are accepted:

Key Rule: A broker shall not be required to maintain a trust or escrow account unless monies or other depositable items belonging to others are accepted by the broker.

Account Requirements

RequirementOklahoma Rule
Account typeTrust or escrow account
Financial institutionFederally insured (FDIC or NCUA)
Account nameBroker or brokerage name as on license
Account designationMust be styled as "trust" or "escrow" account
SignatoryBroker must be a signor on the account

Security Deposits

Special requirements apply to security deposits:

  • Must be kept in an escrow account maintained in Oklahoma
  • Account must be with a federally insured financial institution
  • Separate from operating funds

Deposit Requirements

Timeline

SituationDeposit Deadline
Earnest moneyEnd of third banking day following acceptance
Other fundsUnless otherwise agreed in writing by all parties

Registration with OREC

Brokers must notify OREC in writing of all:

  • Trust or escrow accounts
  • Security deposit accounts
  • Rental management operating accounts
  • Interest-bearing accounts with trust funds

Important: OREC must be notified each time an account is opened, closed, or changed using the form provided by the Commission.

Interest-Bearing Accounts

Oklahoma allows brokers to place escrow funds in interest-bearing accounts:

Requirements for Interest-Bearing Accounts

RequirementDetails
DisclosureMust disclose in writing to all parties
Interest recipientMust identify who receives the interest
Account typeMust be a demand-type account
Prohibited typesCannot use CDs or time deposits

Note: OREC does not prohibit the broker from receiving the earned interest, but it must be disclosed.

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
Interest earned (if disclosed)Using client funds for business expenses
Funds of others in escrowBroker's personal funds in trust account

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

Fund Maintenance

Brokers must ensure funds are maintained in the trust account until:

  • Transaction is consummated (closed)
  • Transaction is terminated
  • Proper accounting is made

Record Keeping

Required Records

Brokers must maintain:

RecordDescription
Bank statementsMonthly statements from financial institution
Deposit receiptsDocumentation of each deposit
Disbursement recordsDocumentation of each disbursement
Client ledgersIndividual records for each client/transaction
Accurate detailed recordsAll transaction documentation

Retention Period

RequirementDuration
Trust account records5 years after contract completion
Transaction files5 years after contract completion

Key Point: Oklahoma requires 5 years of record retention, which is longer than some other states.

OREC Audits

OREC has authority to:

  • Audit trust accounts as part of investigations
  • Review records during complaint 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
Failure to register accountAdministrative violation
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Oklahoma Trust Account Fund Flow
Test Your Knowledge

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

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Test Your Knowledge

How long must Oklahoma brokers maintain trust account records?

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Test Your Knowledge

By when must earnest money be deposited in Oklahoma?

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