Key Takeaways

  • Brokers-in-charge must maintain a trust account at a South Carolina insured financial institution
  • Trust accounts must be designated "trust" or "escrow" in the account name
  • Cash/certified funds must be deposited within 48 hours; checks within 48 hours after lease/contract signing
  • Commingling broker funds with client funds is prohibited (small maintenance amount allowed)
  • SCREC has authority to audit trust accounts and take disciplinary action for violations
Last updated: January 2026

South Carolina Trust Account Requirements

South Carolina brokers-in-charge must maintain trust accounts to hold client funds separate from their operating funds under S.C. Code Section 40-57-136.

Trust Account Basics

What is a Trust Account?

A trust account (also called an escrow account) is a demand deposit 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

Trust accounts must meet these requirements:

RequirementDetails
Account typeDemand deposit account
LocationInsured financial institution authorized in SC
Account nameMust include "trust" or "escrow"
Account titleIn name of real estate brokerage firm

Key Requirement: The account name must clearly identify it as a trust or escrow account.

Who Maintains Trust Accounts

RoleTrust Account Authority
Broker-in-Charge (BIC)Required to maintain and control
Property Manager-in-Charge (PMIC)Required to maintain and control
Associate (Salesperson)Cannot maintain trust account
Broker (not BIC)Cannot maintain own trust account

Critical Rule: Associates must deliver all client funds to the BIC no later than the next business day after receipt.

Deposit Requirements

Timelines for Different Transaction Types

Rental/Lease Transactions

Fund TypeDeposit Deadline
Cash or certified fundsWithin 48 hours of receipt
ChecksWithin 48 hours after lease/rental agreement is signed

Note: Saturdays, Sundays, and bank holidays are excluded from the 48-hour count.

Sales Transactions

SituationDeposit Deadline
Earnest moneyPer contract terms (typically within 48 hours of acceptance)

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 BIC deposit to maintain accountLarge broker funds in trust account
Small deposit to cover bank feesUsing client funds for business expenses

Conversion

Conversion is using client funds for unauthorized purposes. It is:

  • The most serious violation a BIC/PMIC can commit
  • Considered misappropriation of trust funds
  • Potentially criminal (not just administrative)
  • Grounds for immediate license revocation
ConsequenceDescription
License revocationAlmost certain
Criminal chargesMay be prosecuted
Civil liabilityMust repay funds
Disciplinary actionSevere penalties

Warning: "Borrowing" from the trust account for business expenses, even with intent to repay, is conversion and may result in criminal prosecution.

Record Keeping Requirements

Required Records

Brokers-in-charge must maintain:

RecordDescription
Bank statementsMonthly statements from financial institution
Deposit receiptsDocumentation of each deposit
Check recordsDocumentation of each disbursement
Client ledgersIndividual records for each client
Transaction recordsAll transaction documentation
Reconciliation recordsMonthly bank reconciliations

Record Retention

RequirementDuration
Trust account recordsMinimum 3 years
Transaction filesMinimum 3 years

SCREC Audits

SCREC has authority to:

  • Audit trust accounts periodically
  • Inspect records without advance notice
  • Review reconciliations for accuracy
  • 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
ConversionRevocation and potential criminal charges
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Trust Account Fund Flow
Test Your Knowledge

Who is authorized to maintain a trust account for client funds in South Carolina?

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Test Your Knowledge

Within what timeframe must cash or certified funds be deposited into a trust account for a rental transaction?

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Test Your Knowledge

What is the most serious trust account violation a broker-in-charge can commit?

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