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containing a replica of the disclosure form, with copies available on request;
(2) for any Vermont broker or salesperson licensee; or
(3) for any customer of a cooperating firm brought to a principal firm pursuant to a
cooperation agreement between brokerage firms (see Rule 4.11) when that customer has
already received the disclosure form from the cooperating firm.
4.7 Trust Accounts
(a) Every brokerage firm shall maintain a pooled interest-bearing trust account in a bank or
other regulated financial institution licensed in Vermont, so long as the firm holds the funds of
others in the course of its real estate business, and shall establish individual interest-bearing trust
accounts as needed to comply with these rules. Interest on the pooled trust account shall be
remitted as provided by 26 V.S.A. §2214.
(b) All deposits in the possession of a brokerage firm to be held as an escrow agent under a
Purchase and Sale Agreement shall be deposited in the firm’s trust or escrow account not later
than five (5) banking days after the Purchase and Sale Agreement is executed by both seller and
buyer. Any licensee affiliated or associated with that brokerage firm is required to utilize the
brokerage firm’s accounts in the discharge of his or her responsibility under this rule and under
26 V.S.A. §2214. Unless otherwise agreed to in writing, all deposits held by any licensee shall
be placed in the account of the brokerage firm with which the seller has a seller service
agreement, or, if there is no listing broker, in the account of the buyer’s brokerage firm. No
earnings of the accounts shall be made available to the brokerage firm or any associated licensee.
(c) If a deposit is reasonably expected to earn more than $100, it shall be transferred to or
placed in an individual interest-bearing trust account, if requested by the person making the
deposit, specifying the Social Security account number or taxpayer identification number of the
person who paid the money or is entitled to receive the interest. A deposit which is not
reasonably expected to earn more than $100 shall be placed in the brokerage firm’s pooled trust
account.
(d) Disputed deposits--When the brokerage firm learns of a dispute concerning the proper party
to receive a deposit held in a trust account, the broker shall notify the parties, in writing, that the
deposit will remain in the trust account until (1) the parties to the disputed deposit give written
authority to the broker to disburse the funds, or (2) a court of competent jurisdiction determines
the proper party entitled to the proceeds of the disputed deposit.
(e) Augmented deposit--When a person making a deposit increases the amount of the deposit
for any reason, it shall be deposited in the firm’s trust account not later than five (5) banking days
after receipt thereof. If the recalculated interest is reasonably expected to exceed $100, the
brokerage firm shall transfer the principal amount of the total deposit to an individual interest
bearing trust account, if requested by the person making the deposit.