PURPOSE: This rule requires all earnest money be
deposited in a noninterest bearing escrow account not later than ten (10)
banking days next following the execution of a contract. If the account is
interest-bearing, all parties must be made aware. A salesperson must
immediately deliver to the broker all money received in connection with a
transaction in which s/he is engaged.
(1) All money received by a licensee as set
out in section 339.100.2(1), RSMo shall be deposited in the escrow or trust
account maintained by the broker no later than ten (10) banking days following
the last date on which the signatures or initials, or both, of all the parties
to the contract are obtained, unless otherwise provided in the contract.
Earnest money received prior to acceptance of a written contract may be
deposited into the escrow account by the broker with the written authorization
of the party (ies) providing the funds.
(2) A licensee shall immediately deliver to
the broker with whom affiliated all money received in connection with a real
estate transaction in which the licensee is engaged.
(3) The escrow or trust account maintained by
a broker, as required by the license law, shall be a checking account in a
bank, savings and loan, or credit union. If the escrow or trust account
maintained by a broker is an interest-bearing account, the broker shall
disclose in writing to all parties to the transaction that the account is
interest-bearing and the disclosure shall indicate who is to receive the
interest.
(4) Each broker shall
deposit into the escrow or trust account all funds coming into the broker's
possession as set out in section 339.100.2(1), RSMo, including funds in which
the broker may have some future interest or claim and including, but not
limited to, earnest money deposits, prepaid rents, security deposits, loan
proceeds, and funds paid by or for the parties upon closing of the transaction.
No broker shall commingle personal funds or other funds in the broker's escrow
account except to the extent provided by section 339.105.1, RSMo. Commissions
payable must be removed from the escrow account at the time the transaction is
completed. After the transaction is completed, interest payable shall be
disbursed to the appropriate party(ies) from the escrow account no later than
ten (10) banking days following the receipt of the next statement of the escrow
account. When the licensee receives all interest earned, interest payable to a
licensee must be removed from the escrow account within ten (10) banking days
following the receipt of the next statement of the escrow account.
(5) In addition to the notification required
by section 339.105.2, RSMo, each broker shall consent upon the request of the
commission or its agent to the examination and audit of the broker's escrow or
trust account by the commission or its agent. As part of the consent, each
broker, upon opening any additional account(s), shall execute a form entitled
Consent to Examine and Audit Escrow or Trust Account.
(6) Each check written on an escrow account
or each corresponding check stub, or other record of disbursement of funds from
the account and each deposit ticket shall indicate the related real estate
transaction(s). Each check written on an escrow account for commission shall be
made payable to the licensee to whom the commission is owed or to the firm's
general operating account.
(7) The
designated broker and the branch office manager shall be responsible for the
maintenance of the escrow account and shall ensure the brokerage's compliance
with the statutes and rules related to the brokerage escrow
account(s).