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
Exam trap
Tested in
Brokerage Activities (12% of the exam)
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- Conversion
Using entrusted escrow funds for the broker's own benefit, a serious Florida license law violation that can carry criminal penalties.
- Escrow Account
A separate trust account where a broker holds funds belonging to others, kept apart from the brokerage's own money.
- Earnest Money
A good-faith deposit a buyer puts down to show serious intent, held in escrow and applied at closing.
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.