Required File System
Required File System
The following are the file requirements to be maintained by a broker.
Complete Files
SALES
Required Records
- Copies of earnest money receipts
- Closing statements showing all receipts, disbursements and adjustments
- Sales contracts
- Copies of listing contracts (if applicable) [ ARS § 32-2151.01(A)(1) ]
Sales Transaction Folders
- Confirmation that the earnest monies were handled according to instructions
- Copy of the sales contract
- Escrow account receipt
- Closing or settlement statement
- Copy of escrow instructions (if applicable)
- Listing agreement
- Employment agreement
- Release of escrow monies [ ARS § 32-2151.01(F)(1) and (2) ]
PROPERTY MANAGEMENT
Nonresidential Leases
- Confirmation that the deposits or other monies were handled according to instructions
- Complete copy of the lease
- Copy of the listing agreement (if applicable) [ ARS § 32-2175(F)(1-3) ]
Financial records
- Bank statements
- Canceled checks
- Deposit slips
- Bank receipts
- Receipts and disbursement journals
- Owner statements
- Client ledgers
- Applicable bills, invoices and statement [ ARS § 32-2175(C) ]
Filing System
SALES
- Chronological log or other systematic manner [ ARS § 32-2151.01(E) ]
- The Brokers "initials and the date of review" [ ARS § 32-2151.01(G) ]
PROPERTY MANAGEMENT
- Management agreements; Consecutively numbered, or an "orderly, easily accessible" system [ ARS § 32-2175(E) ]
- On-site residential rental agreements and related documents according to dwelling number or other systematic manner [ ARS § 32-2175(A) ]
- Nonresidential leases; chronological or other systematic manner [ ARS § 32-2175(F) ]
File Retention
SALES
- In the principal office, licensed branch office in this state, or off-site storage location in this state (with prior written notification to the Department of the street address of the off-site storage location) [ ARS § 32-2151.01(A) & (H) ]
- For at least 5 years [ ARS § 32-2151.01(A) & (H) ]
- Rejected offers which do not later result in binding contracts, 1 year [ ARS § 32-2151.01(I) ]
PROPERTY MANAGEMENT
- In the principal office, licensed branch office in this state, or off-site storage location in this state (with prior written notification to the Department of the street address of the off-site storage location) [ ARS § 32-2151.01(A) & (H) ]
- For at least 5 years [ ARS § 32-2151.01(A) & (H) ]
- On site residential rental agreements and related documents; 1 year from expiration, unless given to the owner on termination of management [ ARS § 32-2175(A) ]
- Financial records; 3 years from the execution date of the document [ ARS § 32-2175(C) ]