Quick answer. real estate records retention in 2026: Brokerage records retention rules for all 50 states plus RESPA, TILA, Dodd-Frank, IRS, and FCRA. This guide covers Federal Retention Floor, State Retention Ranges, Frequently Asked Questions.
Brokerage records retention rules for all 50 states plus RESPA, TILA, Dodd-Frank, IRS, and FCRA. State statute citations, electronic vs paper rules, commission audit checklist, and the 7-year federal floor.
Federal Retention Floor
RESPA (12 CFR 1024) requires 5 years for HUD-1 and CD. TILA (12 CFR 1026) 2 years; mortgage applications 25 months. Dodd-Frank: 3 years for loan-related records. IRS: 7 years for transaction records affecting tax basis. FCRA: 2 years for credit-pull records.
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State Retention Ranges
3 years (some western states), 5 years (most), 7 years (NJ, NY, MA, CT, DE, others). Some states tie retention to broker license — records retained for the licensure period of the broker who closed the file.
Frequently Asked Questions
How long must a brokerage retain real estate records?
Federal floor: 7 years (IRS for transactions). State requirements: 3-7 years depending on state. Best practice: 7 years to satisfy all overlapping requirements.
Can records be retained electronically?
Yes in most states, provided the audit trail integrity is maintained. Some states require paper for specific documents (original deeds, notarized instruments). Most state commissions accept PDF with cryptographic verification.
What happens if a brokerage fails an audit on retention?
State commission fines $1,500-$25,000, license sanctions (warning to suspension), and federal lender claw-back if affecting loan-purchase loans. Repeat violations escalate.
Who is responsible for record retention — agent or broker?
Broker of record. Agents are not personally liable for retention failures; the brokerage is. The TC manages the system; the broker carries the regulatory responsibility.
What records must be retained?
Executed contracts, addenda, amendments, disclosures, HOA documents, inspection reports, lender loan-closing documents, title commitment, settlement statements (CD/HUD-1), commission disbursement records, and any communications with parties.
Related reading: Document custodian guide, Best TC software 2026, TC checklist.
Written by Vikas Malpani
Vikas Malpani is the CEO and Co-Founder of ReBillion and a CAR-Certified Transaction Coordinator. A serial real estate technology entrepreneur with 15+ years across technology and real estate operations, he was named to MIT Technology Review's TR35 list of young innovators. At ReBillion he leads the AI systems that deliver compliant, accurate transaction coordination for brokerages and agents across all 50 US states. Connect with Vikas on LinkedIn: https://www.linkedin.com/in/vikasmalpani/
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