Key Takeaways

  • NC brokers must deposit trust funds within 3 banking days of receipt in a trust or escrow account
  • Trust accounts must be in a federally insured NC financial institution
  • Monthly reconciliation of trust accounts is required; records must be retained for 3 years
  • Commingling (mixing personal and trust funds) and conversion (using trust funds) are serious violations
  • BICs are personally responsible for proper handling of trust funds
Last updated: January 2026

Trust Account Requirements in North Carolina

Proper handling of trust funds is one of the most important responsibilities of a North Carolina broker. Trust account violations are a leading cause of license discipline.

Trust Account Basics

Account Requirements

RequirementSpecification
Account TypeTrust or escrow account
LocationFederally insured NC financial institution
Account TitleMust identify as trust/escrow
RegistrationMust be reported to NCREC
InterestMay be interest-bearing with proper disclosure

What Funds Go in Trust

Fund TypeTrust Account?
Earnest money depositsYES
Due diligence fees (if held by listing agent)YES
Security deposits (rental)YES
Rent collected for ownerYES
Down paymentsYES
Commission earnedNO - goes to operating account

Deposit Timing

3 Banking Days Rule

Trust funds must be deposited within 3 banking days of receipt:

DayExplanation
Banking DayMonday - Friday (excludes bank holidays)
Weekend/HolidayDoes not count toward 3 days
ReceiptWhen broker physically receives funds

Example Timeline

EventDay
Contract accepted (Friday)Day 0
Broker receives check (Monday)Day 1 - Receipt
TuesdayDay 2
WednesdayDay 3
Deposit DeadlineEnd of Day 3

Prohibited Practices

Commingling

Commingling is mixing trust funds with personal or business operating funds:

ProhibitedPermitted
Depositing personal funds in trustKeeping minimum for bank fees
Mixing operating funds with trustSeparate trust and operating accounts
Using one account for bothProper account segregation

Conversion

Conversion is using trust funds for personal or business purposes:

ExampleConsequence
Paying personal bills with trust fundsLicense revocation
"Borrowing" from trust accountCriminal prosecution
Paying operating expenses from trustNCREC discipline

Severity: Conversion is grounds for immediate license revocation and possible criminal charges.

Trust Account Maintenance

Reconciliation Requirements

RequirementFrequency
Bank statement reconciliationMonthly
Trial balanceMonthly
Individual account ledgersMaintained for each client
Broker reviewMonthly (by BIC or designated person)

Record Retention

All trust account records must be kept for 3 years:

  • Bank statements
  • Reconciliation reports
  • Deposit records
  • Disbursement records
  • Client ledgers

BIC Responsibility

The broker-in-charge is personally responsible for:

ResponsibilityDetail
Account setupProper account establishment
Deposit timingEnsuring 3-day compliance
ReconciliationMonthly review and sign-off
DisbursementProper authorization
Record keepingMaintaining all records

Critical: The BIC is responsible even if they delegate tasks to others. Delegation does not eliminate responsibility.

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North Carolina Trust Account Flow
Test Your Knowledge

Within how many banking days must earnest money be deposited in a North Carolina trust account?

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B
C
D
Test Your Knowledge

How often must a North Carolina broker reconcile their trust account?

A
B
C
D
Test Your Knowledge

Using trust funds to pay brokerage operating expenses is called:

A
B
C
D