Key Takeaways

  • New Jersey brokers must maintain trust accounts in federally insured New Jersey financial institutions
  • Earnest money and security deposits must be deposited within a specified time (business banking day)
  • Trust accounts must be reconciled regularly and records retained for 6 years
  • Commingling personal and trust funds is prohibited except for minimal amounts to cover bank fees
  • Conversion of trust funds is a serious violation that can result in license revocation
Last updated: January 2026

Trust Account Management in New Jersey

Proper handling of client funds is one of the most important responsibilities of a New Jersey real estate broker.

Trust Account Requirements

Account Setup

RequirementDetail
Account typeDesignated trust or escrow account
LocationFederally insured NJ financial institution
Account nameMust be clearly designated as trust/escrow
InterestMay be interest-bearing with proper handling
RegistrationMust be registered with NJREC

Types of Funds Held in Trust

Fund TypeDescription
Earnest moneyContract deposits
Security depositsRental property deposits
Rent collectionsProperty management collections
Down paymentsAdvance payments

Deposit Timing

When to Deposit

Trust funds must be deposited promptly:

SituationTiming
Upon receiptNext business banking day
Contract specifiesAs agreed in contract
Check receivedWhen check is received

What Counts as Receipt

A broker "receives" funds when:

  • Check is physically received
  • Wire transfer is confirmed
  • Cash is received (discouraged)

Best Practice: Avoid handling cash. Request checks or electronic transfers.

Prohibited Practices

Commingling

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

RuleExplanation
Strictly prohibitedCannot mix trust and operating funds
ExceptionSmall amount for bank service charges
AmountOnly what's needed for fees

Conversion

Conversion is using trust funds for personal purposes:

ConsequenceDescription
License revocationMost common outcome
Criminal chargesPotential for prosecution
Civil liabilityMust repay funds plus damages
Recovery Fund claimMay result in claims

Premature Disbursement

Brokers cannot release trust funds until:

  • Transaction closes
  • Parties agree to release
  • Court orders release

Trust Account Maintenance

Reconciliation Requirements

TaskFrequency
Bank reconciliationMonthly (minimum)
Trial balanceMonthly
Record retention6 years

Reconciliation Process

  1. Compare bank statement to broker records
  2. Identify all deposits and disbursements
  3. Verify all funds are accounted for
  4. Document reconciliation
  5. Broker reviews and signs off

NJREC Audits

NJREC may audit trust accounts:

  • Randomly
  • In response to complaints
  • During license renewal
  • As part of investigation

Earnest Money Disputes

When buyer and seller dispute earnest money:

StepAction
1Hold funds - do NOT release
2Document the dispute
3Attempt resolution
4If no resolution - interpleader
5Court determines owner

Interpleader Action

An interpleader allows the broker to:

  • Deposit funds with the court
  • Remove themselves from the dispute
  • Let the court determine rightful owner
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New Jersey Trust Account Flow
Test Your Knowledge

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Test Your Knowledge

When buyer and seller dispute earnest money, what should the broker do?

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Test Your Knowledge

What is conversion in the context of trust accounts?

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