A broker shall maintain all records and files for a minimum of five years after consummation or termination of a transaction, and for trust account records the five years commences with the date of disbursal of funds. Records must be destroyed in a secure manner (OAC 605:10-13-1(l)).
Then the part almost nobody writes about. The commission has a specific rule for records stored on alternative media, meaning any electronic device or computer technology used to create, store or retrieve trust account and transaction documentation, whether the equipment is internal or external. If a broker uses their own equipment or a third party vendor to create, store or retrieve this information, the broker shall ensure the documentation is maintained and able to be retrieved for the five-year period (605:10-13-1(m)).
The rule goes further: trust account records must be kept in their original format for at least two years before transfer to alternative media; a quality assurance check must confirm every document was imaged and can be reproduced legibly; if requested documentation is irretrievable, the commission may take disciplinary action; and the broker must maintain both the media and a means of viewing and retrieving records, and provide a true, correct and legible paper copy to the commission on request (605:10-13-1(m)(1) to (6)).
Oklahoma's rule anticipated exactly this situation. It says using a vendor does not move the obligation. The broker still has to be able to produce the record five years later, legibly, on request. That makes two questions worth asking of any system holding Oklahoma files: can you retrieve a five-year-old document today, and do you hold a copy that does not depend on that system continuing to exist. Free monthly vendor-neutral backups answer the second question, and unlimited storage means nothing gets pruned to answer the first. Optional auditor access lets the commission's examiner read what they asked for without administrative control of the firm. See our broker record retention guide.
A few trust account facts, briefly and honestly, because the software holds records rather than funds: escrow funds are deposited before the end of the third banking day following acceptance of an offer or receipt of the funds, unless all interested parties agree otherwise in writing (605:10-13-1(a)(1)(D)); trust and escrow accounts must be registered with the commission in writing (605:10-13-1(e)); and a signed settlement statement must be furnished in each transaction at the time it is consummated (605:10-13-1(f)). Paperless Pipeline does not hold or reconcile funds - it holds the deposit records, the settlement statement and the disbursement paperwork that the same rule says have to survive five years. And a broker ceasing real estate activities must notify the commission in writing of the effective date and advise where the records will be stored (605:10-13-1(n)(1)), another reason a firm should hold its own copies.