| 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. |