Law & License

    Commingling

    Mixing escrow funds with a broker's personal or business funds, which is a Florida license law violation.

    Commingling is placing entrusted escrow funds in the same account as the broker's personal or business money. A broker must hold escrow funds separate from operating funds. Depositing a buyer's earnest money into the brokerage operating account is commingling.

    Florida allows a broker to keep a small amount of personal or business money in the escrow account to cover bank service charges: up to 1,000 dollars in a sales escrow account and up to 5,000 dollars in a property management escrow account. Exceeding those limits is commingling.

    On the exam

    Pair this term with conversion. Commingling is mixing funds; conversion is spending them. The exam tests the difference.

    Exam trap

    Commingling and conversion are not the same violation. Commingling is mixing escrow with personal funds. Conversion is using escrow funds for personal benefit and is the more serious offense.

    Tested in

    Brokerage Activities (12% of the exam)

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    This definition is Florida real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.