LD 1525
pg. 3
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LR 2133
Item 1

 
Every agency shall maintain a trust federally insured account or
accounts in a banking institution located in the financial
institution authorized to do business in this State, as defined in
Title 9-B, section 131, subsection 17-A, or a credit union
authorized to do business in this State, as defined in Title 9-B,
section 131, subsection 12-A, for the sole purpose of depositing
all earnest money deposits and all other money held by it as an
agency in which its clients or other persons with whom it is
dealing have an interest. The trust account and withdrawal orders,
including all checks drawn on the account, shall must name the
subject agency and be identified as a real estate trust account.
Real estate trust accounts shall must be free from trustee process,
except by those persons for whom the brokerage agency has made the
deposits and then only to the extent of the interest. The
designated broker, except for an amount necessary to maintain the
accounts not to exceed an amount prescribed by commission rule,
shall withdraw from the accounts all fees due within 30 days after,
but not until consummation or termination of the transaction when
the designated broker makes or causes to be made a full accounting
to his the broker's principal. The designated broker shall
maintain, at the agency's place of business, contracts and other
necessary records to verify the adequacy and proper use of the
accounts trust accounts and supporting records in a manner
prescribed by commission rule. These accounts and records shall
must be opened open for inspection by the director or his the
director's authorized representative at the agency's place of
business during generally recognized business hours. Upon order of
the director, the designated broker shall authorize the director in
writing to confirm the balance of funds held in all agency trust
accounts. Rules adopted pursuant to this section are routine
technical rules as defined in Title 5, chapter 375, subchapter 2-A.

 
Sec. 6. 32 MRSA §13184 is enacted to read:

 
§13184.__Real estate brokerage records; retention

 
A designated broker shall maintain complete and adequate
records of all real estate brokerage activity conducted on behalf
of the broker's agency.__The commission shall specify by rule the
records required to establish complete and adequate records,
including retention schedules.__The records must be open for
inspection by the director or the director's authorized
representative at the agency's place of business during generally
recognized business hours.

 
Sec. 7. 32 MRSA §13196, sub-§2, ¶¶A, B and C, as enacted by PL 1999, c.
129, §10 and affected by §16, are amended to read:


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