Law & License

    Escrow / Trust Account

    A separate account where money belonging to others is held apart from a broker's own funds, often at the title company in a Texas sale.

    An escrow or trust account holds money that belongs to others, such as a buyer's earnest money, separate from a broker's personal and business funds. In most Texas residential transactions, the earnest money is held by a neutral escrow agent named in the contract, commonly a title company, rather than by the broker.

    When a Texas broker does hold money for others, the broker must keep it in a trust account and disburse it only as authorized. Mixing trust money with the broker's own funds is commingling, and using trust money for the broker's benefit is conversion.

    On the exam

    Money held for others stays in a separate trust account. In a typical Texas sale, the title company holds the earnest money as escrow agent.

    Exam trap

    Mixing trust money with the broker's own funds is commingling, even if none is spent. Spending it is the more serious conversion.

    Tested in

    Standards of Conduct (8% of the exam)

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    This definition is Texas 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.