Is commingling legal in Colorado?
Question & Answer
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No
Yes, under Timeshare Act
The Colorado Timeshare Act governs the sale and marketing of timeshare interests in Colorado and does not create any exception to the commingling prohibition β there is no provision in Colorado law that permits commingling of funds in timeshare transactions or any other real estate transaction.
Sometimes, with buyer permission
Buyer permission does not create a legal exception to the commingling prohibition in Colorado β the rule protects the public interest broadly, and individual clients cannot waive this protection on their own behalf, as the regulation exists to protect all parties and maintain the integrity of the trust account system.
Sometimes, with seller permission
Seller permission similarly provides no legal basis for commingling in Colorado β neither party to a transaction has the authority to authorize a broker to violate Colorado Real Estate Commission rules, which are regulatory requirements that supersede individual consent.
Why is this correct?
Commingling is categorically and unconditionally prohibited in Colorado under Colorado Real Estate Commission Rule E-1, with no exceptions for client permission, property type, or transaction circumstances. The prohibition exists to protect consumer funds from broker insolvency or misuse, and any mixing of client funds with broker funds constitutes a violation subject to disciplinary action including license revocation.
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