N.M. Code R. § 16.61.23.9

Current through Register Vol. 35, No. 9, May 7, 2024

Section 16.61.23.9 - TYPES OF TRUST ACCOUNTS

A qualifying broker shall have only the following types of accounts and they shall be used only for the purposes stated.

A. Brokerage trust account. This account shall be used for money belonging to others related to a real estate sales transaction. Property management funds may not be placed in this trust account. In lieu of a brokerage trust account, a broker may deposit funds with a title company authorized to do business in the state of New Mexico. If a title company is used in lieu of a brokerage trust account, then receipt and deposit records shall be kept as outlined in this section.

B. Property management trust account. This account shall be used for money belonging to others received by a qualifying broker related to managing properties for others. All management commissions and fees may be deposited, withdrawn and tracked through the property management trust account as long as those commissions and fees are specified in the agreement between the property owner and brokerage.

C. Special trust account. In the event the principals to a sale transaction agree in writing that an interest bearing special trust account is to be established, a written agreement shall be prepared stating as a minimum the following:

(1) the qualifying broker shall be named as sole trustee;

(2) name of the acceptable financial institution wherein the funds are to be deposited;

(3) the amount of interest to be paid on the funds and to whom the interest shall accrue;

(4) the final disposition of principal and interest upon closing, termination or default by either party to the transaction; and

(5) the signatures of all parties to the transaction and the qualifying broker as trustee.

D. Custodial account. Funds designated to be deposited in a custodial account shall first be placed in a brokerage trust account or a property management trust account of the qualifying broker and then may be transferred to the custodial account of the owner. Custodial accounts shall not contain any funds other than those belonging to the owner of the custodial account. Custodial accounts may be interest bearing; however, the interest shall be paid only to the owner or his designee. The qualifying broker shall have on file a written agreement signed by all principals as to the establishment and operational details of each custodial account.

N.M. Code R. § 16.61.23.9

16.61.23.9 NMAC - Rp, 16.61.23.8 & 9 NMAC, 1-1-2012, Amended by New Mexico Register, Volume XXXI, Issue 23, December 15, 2020, eff. 1/3/2021