Record Keeping and Trust Accounts
Approved by the Colorado Real Estate Commission June 6, 1996 (updated 8/99).
COURSE
OBJECTIVE: To protect the public by instructing students in
the proper recordkeeping procedures required by the Real Estate
Commission to maintain and account for funds belonging to others.
|
MAJOR TOPICS TO BE COVERED: |
HOURS |
|
I. Legal Requirements |
0.5
|
|
II. Recordkeeping |
6.0 |
|
III. Special Areas of Concern |
1.0 |
|
IV. Termination of Brokerage Relationship |
0.5 |
|
Total |
8.0 |
All
students must successfully complete a written examination covering
all major topic areas of this outline
A. Definition and Identification of Accounts
1. Type of Account
3. Relevance to FDIC insurance coverage
B. Acting
Broker's Responsibilities
1. Opening and maintaining a trust account
2. Timely deposit of monies belonging to others
C. Acknowledgment of Trust Account Status by Bank or other Depository
D. Colorado
Real Estate Commission Rules and Regulations
1. Record retention period
2. Position Statements
3. Audit(s)-repeated audit findings are subject to disciplinary
action (Rule E-3, 21)
4. Overview of key rules (E-1, E-16 and E-30)
5. Real Estate Manual Chaper 18
II. Record Keeping (6 Hours)
A. Transaction
File Documents
B. Accounting Records
1. Journal
2. Ledgers
3. Bank Reconciliation: Journal Balance + Sum of Ledger Balances
= Bank Balance = Transaction File Liabilities
4. Preparation of Minimum of 2 Practical Exercises
a. Working from a sample contract and 6-column settlement worksheet,
student shall create journal and ledger entries leading to the closing
of a real estate sale by a broker. Reconcile the ledger totals to
the journal balance and a sample bank statement.
b. Working from sample files, jounals and ledgers, student shall
reconcile the bank accounts for a property manager managing and
holding security deposits for a minimim of 8 properties. (Lease
information may be provided as necessary to show amount of security
deposits and other needed lease data.)
c. Repeat exercise (a) abouve where the broker holds an earnest
money deposit but the closing is performed by a title company.
d. Proper backup and printouts for software accounting systemsCD-ROM
imaging of records.
III.Special
Areas of Concern (1 Hour)
A.
Separation of Duties
1. Employee Theft and internal controls.
2. Broker's need to personally perform bank reconciliations or periodically
compare reconciliations against source documents (transaction files).
3. Use of practitioner aids at auditing Website and understanding
of Chapter 18 of the Colorado Real Estate Manual.
B. Sales
1. Promissory Notes (Safekeeping and Collection)
2. Void and/or NSF Checks
3. Earnest Money Disputes and Interpleaders
4. Good Funds-Prper trust account record entries
a. Cashiers or tellers check
b. Broker check in advance of closing
c. Wire trnasfer
d. Tri-party agreements (broker-title company-broker's bank)
e. Netting earned commission against earnest money deposit (security
deposits also)
f. Requirements of Great Colorado Payback Program for unclaimed
funds
C. Property
Management
1. Separte trust account
2. Commingling/Negative Ledgers
3. Security and Advance Deposits- Separate Accounts
4. Owner Reserves
5. Account for broker commissions earned vs. taken
D. Broker Ledger
E. Broker Acting as Principal and Licensee (Partnerships; Joint
Ventures, etc.)
F. Duplicate Signatures
IV.
Termination of Brokerage Relationship (0.5 Hours)
A. Forwarding Trust Funds and Documents
B. Closing
Accounting Records and paperwork reduction
Total 8.0 Hours
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