Key Takeaways

  • Trust accounts must be in an insured institution located in Montana with "trust account" in the name (ARM 24.210.426)
  • Trust funds must be retained until the transaction is closed or terminated
  • Earnest money deposits must be handled through a licensed broker's trust account unless otherwise agreed (MCA 37-51-313)
  • Brokers must account for trust account funds at all times
  • BRR has authority to audit trust accounts at any time
Last updated: January 2026

Montana Trust Account Requirements

Montana brokers must maintain trust accounts to hold client funds separate from their operating funds under Administrative Rules of Montana (ARM) 24.210.426.

Trust Account Basics (ARM 24.210.426)

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

Account Requirements

Under ARM 24.210.426, trust accounts must:

RequirementDetails
LocationInsured institution located in Montana
Account nameMust include "trust account" in the name
AccessibilityMust be readily available for audit
AccountingBroker must account for funds at all times

Key Rule: The account name must clearly identify it as a trust account.

Deposit and Retention Requirements

Trust Fund Handling

RequirementDetails
Deposit locationBroker's trust account only
Retention periodUntil transaction is closed
DisbursementPer contract terms or mutual agreement
Anticipatory disbursementMay disburse to closing agent upon written agreement of buyers and sellers

Earnest Money (MCA 37-51-313)

Earnest money deposits must be handled through a licensed real estate broker's trust account unless otherwise agreed:

SituationHandling
Standard transactionBroker trust account or title/escrow company
Contract specifiesAs per purchase contract terms
Receipt requiredIssued by the holder of funds

Important: Salespersons cannot hold client funds. Only brokers with supervising broker endorsements maintain trust accounts.

Disbursement Rules

When Funds May Be Disbursed

Trust funds may be disbursed:

SituationRequirement
At closingUpon successful closing of transaction
Before closingOnly with written agreement of buyers and sellers
Transaction terminatedPer contract terms or mutual agreement
Client requestAt client's written instructions (when no active transaction)

Negative Balance Protection

The broker will not be disciplined for a negative account balance that occurs only as a result of a deposit that was dishonored after the financial institution had indicated the funds were available.

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 amount to maintain account minimumsLarge 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 Account

Record Keeping Requirements

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 transaction
Reconciliation recordsMonthly account reconciliation

Retention Period

RequirementDuration
Trust account records3 years minimum
Transaction files3 years minimum

BRR Audits

The Board of Realty Regulation has authority to:

  • Audit trust accounts at any time
  • 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
Missing "trust account" designationAdministrative violation
Loading diagram...
Montana Trust Account Fund Flow (ARM 24.210.426)
Test Your Knowledge

Under ARM 24.210.426, where must Montana trust accounts be located?

A
B
C
D
Test Your Knowledge

When may trust funds be disbursed to a closing agent before closing?

A
B
C
D
Test Your Knowledge

How long must Montana brokers maintain trust account records?

A
B
C
D