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Under Illinois law, is every earnest money escrow account required to be interest-bearing?

Correct Answer

C) No — whether an escrow account bears interest depends on the agreement of the parties and the broker's office arrangements, not a universal statutory requirement.

Illinois law does not impose a blanket requirement that every earnest money escrow account be interest-bearing. Under the Illinois Real Estate License Act of 2000 and 68 Ill. Admin. Code Part 1450, the handling of interest on escrow accounts is governed by the agreement of the parties and the broker's office procedures. If the parties agree that the account will bear interest and specify how that interest will be allocated, an interest-bearing account may be used — but it is not automatically required in every transaction.

Answer Options
A
Yes — Illinois law mandates that all earnest money deposits be placed in interest-bearing accounts statewide.
B
No — Illinois law prohibits interest-bearing escrow accounts in residential real estate transactions.
C
No — whether an escrow account bears interest depends on the agreement of the parties and the broker's office arrangements, not a universal statutory requirement.
D
Yes — Illinois requires interest-bearing escrow accounts, but only for transactions involving properties valued above $250,000.

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Related Topics & Key Terms

Key Terms:

difficulty_2escrowescrow_trust_accounts_and_recordkeepingillinois_stateinterest_bearingscenariotrust_accounttrust_accounts_il

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