Acts and Regulations

2011, c.215 - Real Estate Agents Act

Full text
Interest on funds in trust or on account
25(1)Subject to subsection (4), a person who is licensed as an agent under this Act and holds funds in trust or on account of any or all of the parties to a trade shall instruct the depository to remit all the interest earned on the funds to the Association at the times during the year that shall be determined by the Association, but not less frequently than semi-annually.
25(2)All interest on an account referred to in subsection (1) is the property of the Association and is recoverable as a debt owing to the Association.
25(3)Subject to subsection (4), an agent who deposits funds under this section shall not be required to account to any party except the Association for the interest earned on money deposited under this section.
25(4)Despite anything in this section, on the written instructions of all parties to a trade, an agent may hold a deposit received on the trade in a separate interest bearing trust account and, if the agent is so instructed, the agent shall pay the interest on the account in accordance with the written instructions.
25(5)Any written instructions referred to in subsection (4) shall be acknowledged separately and shall state the person to whom the interest is to be paid.
25(6)An agent who receives from a person money which the agent is required to deposit in trust, or which the agent is instructed by the person to hold in trust for that person, whenever the agent has reasonable grounds to believe that the money will not be required within 90 days, shall advise the person that the money may be deposited in a separate interest bearing trust account under subsection (4).
1983, c.75, s.14; 1995, c.31, s.8
Interest on funds in trust or on account
25(1)Subject to subsection (4), a person who is licensed as an agent under this Act and holds funds in trust or on account of any or all of the parties to a trade shall instruct the depository to remit all the interest earned on the funds to the Association at the times during the year that shall be determined by the Association, but not less frequently than semi-annually.
25(2)All interest on an account referred to in subsection (1) is the property of the Association and is recoverable as a debt owing to the Association.
25(3)Subject to subsection (4), an agent who deposits funds under this section shall not be required to account to any party except the Association for the interest earned on money deposited under this section.
25(4)Despite anything in this section, on the written instructions of all parties to a trade, an agent may hold a deposit received on the trade in a separate interest bearing trust account and, if the agent is so instructed, the agent shall pay the interest on the account in accordance with the written instructions.
25(5)Any written instructions referred to in subsection (4) shall be acknowledged separately and shall state the person to whom the interest is to be paid.
25(6)An agent who receives from a person money which the agent is required to deposit in trust, or which the agent is instructed by the person to hold in trust for that person, whenever the agent has reasonable grounds to believe that the money will not be required within 90 days, shall advise the person that the money may be deposited in a separate interest bearing trust account under subsection (4).
1983, c.75, s.14; 1995, c.31, s.8