Key Takeaways

  • Colorado employing brokers must maintain trust accounts for client funds
  • Earnest money must be deposited within 3 business days of acceptance per Rule F
  • Trust accounts must be reconciled monthly; records retained for 4 years
  • Commingling personal and trust funds is strictly prohibited
  • The Division of Real Estate can audit trust accounts at any time
Last updated: January 2026

Trust Account Management in Colorado

Proper handling of client funds is a critical responsibility for Colorado employing brokers. Trust account violations are a leading cause of license discipline.

Trust Account Requirements

Rule F - Record Keeping

Colorado's Rule F establishes trust account requirements:

RequirementSpecification
Account TypeDesignated trust or escrow account
Account LocationColorado financial institution
Account NameMust identify as trust or escrow
FDIC InsuredYes - required
Interest-BearingPermitted with proper disclosure

Who Maintains Trust Accounts

Only employing brokers maintain trust accounts:

  • Individual brokers cannot have separate trust accounts
  • All transactions flow through employing broker's account
  • Employing broker is responsible for all trust funds

Deposit Requirements

Timing of Deposits

Per Rule F, trust funds must be deposited within 3 business days:

EventDeadline
Earnest money received3 business days after acceptance
Tenant security depositsPer property management agreement
Other client funds3 business days of receipt

Note: "Business days" excludes weekends and Colorado state holidays.

Forms of Payment

Payment TypeHandling
Personal checkDeposit per normal timeline
Cashier's checkSame as personal check
Wire transferDeposit immediately upon receipt
CashDeposit immediately (avoid cash)

Prohibited Practices

Commingling

Commingling is mixing trust funds with personal or business operating funds:

ProhibitedException
Personal funds in trust accountMinimal amount for bank fees allowed
Trust funds in operating accountNever permitted
Using trust funds for business expensesNever permitted

Conversion

Conversion is using trust funds for unauthorized purposes:

  • A serious violation
  • Potential criminal offense
  • Grounds for license revocation
  • May require Recovery Fund payout

Premature Disbursement

Employing brokers cannot disburse trust funds until:

  • Transaction closes, OR
  • Transaction terminates with written agreement on disbursement

Record Keeping Requirements (Rule F)

Required Records

RecordRequirement
Journal/LedgerAll deposits and disbursements
Individual ledgersEach client/transaction account
Bank statementsMonthly reconciliation
Canceled checksOr electronic images
Deposit recordsCopies of deposit slips

Reconciliation

TaskFrequency
Bank reconciliationMonthly
Trial balanceMonthly
Record retention4 years minimum

Reconciliation Process

  1. Compare bank statement to broker records
  2. Prepare trial balance of all ledgers
  3. Verify balance equals sum of individual accounts
  4. Document and sign reconciliation
  5. Resolve any discrepancies immediately

Earnest Money Disputes

When parties dispute earnest money:

StepAction
1Hold funds - do not disburse
2Notify all parties of dispute
3Follow contract dispute provisions
4May interplead funds to court
5Document all communications

Colorado Earnest Money Dispute Provision

The Commission-approved contract includes:

  • Dispute resolution procedures
  • Mediation requirements
  • Court action provisions
  • Release of broker from liability
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Colorado Trust Account Flow
Test Your Knowledge

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Test Your Knowledge

How long must Colorado employing brokers retain trust account records?

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