R162-2f-401k. Recordkeeping Requirements  


Latest version.
  •   A principal broker shall:

      (1) maintain and safeguard the following records to the extent they relate to the business of a principal broker:

      (a) all trust account records;

      (b) any document submitted by a licensee affiliated with the principal broker to a lender or underwriter as part of a real estate transaction;

      (c) any document signed by a seller or buyer with whom the principal broker or an affiliated licensee is required to have an agency agreement; and

      (d) any document created or executed by a licensee over whom the principal broker has supervisory responsibility pursuant to Subsection R162-2f-401c(1)(f);

      (2) maintain the records identified in Subsection R162-2f-401k(1):

      (a)(i) physically:

      (A) at the principal business location designated by the principal broker on division records; or

      (B) where applicable, at a branch office as designated by the principal broker on division records; or

      (ii) electronically, in a storage system that complies with Title 46 Chapter 04, Utah Uniform Electronic Transactions Act; and

      (b) for at least three calendar years following the year in which:

      (i) an offer is rejected; or

      (ii) the transaction either closes or fails;

      (3) upon request of the division, make any record identified in Subsection R162-2f-401k(1) available for inspection and copying by the division;

      (4) notify the division in writing within ten business days after terminating business operations as to where business records will be maintained; and

      (5) upon filing for brokerage bankruptcy, notify the division in writing of:

      (a) the filing; and

      (b) the current location of brokerage records.