Key Takeaways

  • Client funds must be deposited within 7 days into an FDIC/FSLIC insured account in DC (absent contrary written instructions)
  • Escrow holders must maintain funds in a SEPARATE account from personal or business funds
  • Commingling client funds with personal funds is strictly prohibited (except nominal amount to keep account active)
  • The Commission must be notified within 14 days of opening an escrow/trust account
  • Escrow/trust records must be maintained for 3 years
Last updated: January 2026

DC Escrow and Trust Account Requirements

DC licensees who handle client funds must follow strict regulations under D.C. Code § 42-1704 and D.C. Municipal Regulations.

Trust/Escrow Account Basics

What is a Trust/Escrow Account?

A trust account (or escrow account) is a bank account where licensees 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
Closing proceedsFunds pending disbursement

Where to Open

Trust/escrow accounts must be at:

  • A financial institution located within the District of Columbia
  • Deposits insured by FDIC (Federal Deposit Insurance Corporation)
  • Or FSLIC (Federal Savings and Loan Insurance Corporation) or successors

Deposit Requirements

Timeline

RequirementDeadline
Standard depositWithin 7 days of receipt
If written instructions differPer those instructions
No instructions7 days applies

Key Rule: Absent written instructions to the contrary signed by all parties, funds must be deposited within 7 days.

Separate Account Required

All client funds must be maintained in a separate account:

  • NOT in the licensee's personal account
  • NOT in the licensee's operating/business account
  • Must be a dedicated escrow/trust account

Notification to Commission

Account Opening Notification

Each escrow holder or trustee must notify the Commission within 14 calendar days:

Information Required
Name of financial institution
Post office address of institution
Name of the account
Account number

Important: This notification must be made within 14 days of establishing any escrow or trust account.

Prohibited Practices

Commingling

Commingling is mixing client funds with personal or business funds. It is strictly prohibited in DC.

AllowedNOT Allowed
Client funds in trust accountClient funds in personal account
Nominal broker amount to keep account activeLarge broker funds in trust account
Earned interest (per agreement)Using client funds for business expenses

Conversion

Conversion is using client funds for unauthorized purposes. It is a serious violation:

ConsequenceDetails
License suspension/revocationImmediate disciplinary action
Criminal chargesPossible prosecution
Civil liabilityMust repay funds plus damages
Guaranty Fund claimConsumer may file claim

Early Access to Funds

An escrow holder or trustee shall NOT be entitled to any part of the earnest money or other funds until:

  • The transaction has been consummated, OR
  • The transaction has been terminated

Critical: Brokers cannot take their commission from escrow until the deal closes or is properly terminated.

Interest on Escrow Funds

When Interest is Required

If escrow or trust funds are held for 90 days or more:

RequirementDetails
When interest beginsFrom the 91st day
When interest endsDate transaction is consummated or terminated
Minimum rateHighest of legal maximum, account rate, or CD rate

Service Fee

FeeDetails
Maximum$15
Deducted byFinancial institution
Deducted fromInterest earned

Record Keeping

Required Records

Licensees must maintain:

RecordDescription
Bank statementsMonthly statements
Deposit recordsDocumentation of each deposit
Disbursement recordsDocumentation of each payment
Client ledgersIndividual records for each client
Transaction filesAll related documentation

Retention Period

RequirementDuration
Escrow/trust records3 years minimum
Transaction records3 years minimum

Escrow Agent Licensing

Requirements for Acting as Escrow Agent

Real estate licensees who want to act as escrow agents must:

RequirementDetails
Current licenseHold valid DC broker's or salesperson's license
Separate licenseObtain Escrow Agent Services License from DISB
Trust accountMaintain account at DC financial institution
Written agreementHave written agreement with clients
ComplianceFollow all escrow laws and regulations

DISB: Department of Insurance, Securities and Banking

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DC Escrow/Trust Account Requirements
Test Your Knowledge

Within how many days must client funds be deposited into a DC escrow account (absent contrary written instructions)?

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Test Your Knowledge

Within how many days must a DC licensee notify the Commission after opening an escrow/trust account?

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How long must DC licensees retain escrow/trust account records?

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Test Your Knowledge

When must interest be paid on escrow funds held in DC?

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