Real estate brokers in the Wolverine State are required to keep trust account records for three (3) years and student records for a period of six (6) years according to Michigan’s Department of Licensing and Regulatory Affairs.

Here’s a link to the PDF that outlines these various regulatory rules. You can find them on page 91 and 101.

We also want to share a video that talks about the benefits of using online backup versus traditional methods of data storage like cardboard boxes and CDs. Obviously, we recommend our service, Filetwin, because we specialize in dealing with businesses in the regulatory environment.

Michigan seems pretty reasonable with their record retention requirements. Three (3) years isn’t too bad to have to hold on to hard copy files. Just remember, that there is a square footage cost issue surrounding boxes stored in offices that we always blog about and the possibility of natural disasters (fire, flood & storm damage) that might never affect your business, however, one incident can bring your entire operation to a grinding halt if you don’t use a solution like online backup. We strongly recommend that small businesses in Michigan seriously consider online backup in their business continuity planning.

If you’d like to learn more about online backup as an option for your business, give us a call at 1 877 310-2884 and one of our Backup Specialists will be pleased to continue this conversation with you.

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If you’re a real estate broker in the Sunflower State, then you are required to retain your records for a period of three (3) years according to the Kansas Real Estate Commission. Here is a link to administrative regulation 86-3-10 so you can verify so you can verify for yourself.

Here are some guidelines for electronic storage of documents for a real estate broker in Kansas:

Transaction Files
Each transaction file whether PENDING, CLOSED, FAILED, or CANCELED must be indexed and each file should contain all of the following records IF APPLICABLE to the transaction to be in compliance with K.A.R. 86-3-10.

• agency agreement with seller
• agency agreement with buyer
• transaction broker addendum
• transaction brokerage agreement
• offers, counteroffers
• contract, including all amendments, and addenda
• lot reservation agreement
• commercial lease
• option
• receipt for purchase agreement and earnest money
• closing statements
• authorization to disburse earnest money on transaction which did not close
• any other record generated in connection with the transaction (this would include phone notes, e-mails, inspection reports, estimated closing costs, correspondence, surveys, appraisals, title reports, and any documentation generated during the transaction.)

Trust Account Records (if applicable)
A complete record of all monies received or escrowed on real estate transactions must be maintained:

• deposit slips showing transaction number, date of deposit, amount and where deposited
• monthly trust account bank statement, canceled checks and deposit slips
• a check register which shows the chronological sequence in which funds are received and disbursed
  • for funds received: date of deposit, transaction number, amount
  • for disbursement: date, transaction number, payee, amount
  • the current balance
• a ledger for each transaction, including:
  • names of principals
  • property address
  • transaction number
  • amount
  • date of each deposit
  • check number
  • date of check
  • payee
  • amount of each disbursement
  • the current balance
• a ledger for broker’s funds, if applicable

1. Records would need to be scanned into a system by indexing each with a TIN and client or customer name. If you save your files with the TIN as the filename, you’ve satisfied this point.

2. The system would need to allow the auditor or investigator to be able to retrieve the documents and also have the ability to print the documents. This is no problem for Filetwin because you’d just open the files from your backup folder set.

3. This software must be updated periodically so that records are always readable. Filetwin handles this requirement for you.

4. The system should be in a format that once scanned documents may not be altered at a later time. Once documents are backed up, they cannot be edited in any shape or form.

Hopefully, this information helps and if you’d like to continue this conversation in person, please give us a call at  1877-310-2884.

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If you’re a real estate broker in the Hawkeye State, you are required to retain your records for a period of five (5) years according to the Iowa Professional Licensing Bureau

We found the Administrative Rules (Chapter 193E for Real Estate Brokers and Salespersons) which clearly outlines the rules that pertain to record retention. Review the Iowa Real Estate Commission Rules in this PDF document and scroll down to page 71 for Rule 193E-13.5(543B).

In summary, every broker must retain, for a period of at least five years, true copies of all:

• business books
• accounts, including voided checks;
• records;
• contracts;
• closing statements;
• disclosures;
• signed documents;
• the listing;
• any offers to purchase;
• and all correspondence relating to each real estate transaction that the broker has handled and each property managed.

The files, records, and other documents required by this chapter may be stored in electronic format for convenience and efficiency in a system for electronic record storage, analysis, and retrieval. Given that’s the case, then Filetwin is a great solution because we specialize in online backup for regulated businesses.

A.    A record required by this chapter may be retained as an electronic record only if the record storage medium can be easily accessed and the records can be readily retrieved and transferred to a legible printed form upon request.

B.    The scanning or electronic generation of a record must be monitored to ensure that the copy is clear, legible and true before the original is destroyed.

C.      Once the original record is transferred to the appropriate electronic storage medium, the commission no longer requires the retention of the record in its original medium. If the above process if followed properly, electronic records are considered the same as originals.

The records shall be made available for reproduction and inspection by the commission, staff, and commission authorized representatives at all times during usual business hours at the broker’s regular place of business. Even if the brokerage closes, the records shall be made available for reproduction and inspection by the commission, staff, and commission–authorized representatives upon request for five years.

If you’d like to continue this conversation in person, please feel free to contact one of our Backup Specialists who can answer and compliance related questions at 1 877 310-2884.

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