What is commingling in the context of licensee trust accounts, and what is the consequence?

• A. It is combining client funds with personal funds; disciplinary action by CREC including possible suspension or revocation and civil penalties.
• B. It is keeping client funds in a separate trust account; no consequences.
• C. It is transferring funds between client accounts; immediate license suspension only.
• D. It is depositing funds in a savings account; automatic renewal.

Answer: (A)

Commingling means mixing client funds with the licensee’s own money or with other non-client funds. In trust accounts, client money must stay in a separate trust account and be kept clearly identifiable and properly accounted for. When funds are commingled, it breaks the fiduciary duty to clients and creates a risk of misappropriation or confusion about who owns what.

Because trust-account integrity is essential, licensees who comingle funds face disciplinary action by the Colorado Real Estate Commission. This can include suspension or revocation of the license and civil penalties. The emphasis is on maintaining a strict separation of client funds and keeping accurate, accountable records.