4.1 Arkansas Trust Account Requirements
Key Takeaways
- Brokers must maintain a trust account (escrow account) at an FDIC-insured financial institution
- All client funds (earnest money, security deposits, rent) must be deposited into the trust account
- Commingling broker funds with client funds is prohibited (except for small amount to maintain account)
- Trust account records must be maintained for at least 5 years
- AREC has authority to audit trust accounts at any time
Arkansas 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 Type | Examples |
|---|---|
| Earnest money deposits | Buyer's good faith deposit |
| Security deposits | Tenant deposits on rentals |
| Rent collections | Collected on behalf of landlords |
| Other client funds | Closing proceeds pending disbursement |
Where to Open
Trust accounts must be at:
- An FDIC-insured financial institution
- Located in Arkansas (preferred) or accessible
- A demand deposit account (checking account)
Key Requirement: The account must be properly designated as a trust or escrow account.
Deposit Requirements
Timeline
| Situation | Deposit Deadline |
|---|---|
| Earnest money | Per contract terms (typically within 3 business days of acceptance) |
| Security deposits | Per lease agreement |
| Rent | Per management agreement |
Proper Deposits
All client funds must be deposited into the broker's trust account—not:
- Salesperson's personal account
- Broker's operating account
- Any other non-trust account
Critical Rule: Salespersons cannot hold client funds. Only brokers maintain trust accounts.
Prohibited Practices
Commingling
Commingling is mixing client funds with broker's personal or business funds. It is strictly prohibited.
| Allowed | NOT Allowed |
|---|---|
| Client funds in trust account | Client funds in operating account |
| Small broker deposit to maintain account ($500 max) | Large broker funds in trust account |
| Earned commissions (until withdrawn) | Using client funds for business expenses |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:
| Record | Description |
|---|---|
| Bank statements | Monthly statements from financial institution |
| Deposit receipts | Documentation of each deposit |
| Check records | Documentation of each disbursement |
| Client ledgers | Individual records for each client |
| Transaction records | All transaction documentation |
| Reconciliation | Monthly account reconciliation |
Retention Period
| Requirement | Duration |
|---|---|
| Trust account records | 5 years minimum |
| Transaction files | 5 years minimum |
Important: Arkansas requires 5 years of record retention—longer than many states.
AREC Audits
AREC has authority to:
- Audit trust accounts at any time without notice
- Review records during investigations
- Take disciplinary action for violations
Common Audit Findings
| Issue | Consequence |
|---|---|
| Shortage of funds | Serious violation—potential revocation |
| Poor record keeping | Warning to suspension |
| Late deposits | Warning to fine |
| Commingling | Fine to revocation |
| Failure to reconcile | Warning to fine |
Who is authorized to maintain a trust account for client funds in Arkansas?
How long must Arkansas brokers maintain trust account records?
What is the maximum amount of personal funds a broker can keep in a trust account to cover bank fees?