Colorado rules for licensed agents
What must a Colorado broker do with earnest money?
Colorado has a broker who receives earnest money deliver it to the earnest money holder, to be deposited in accordance with the contract, and get a dated and signed receipt. When the brokerage firm holds the money itself, the firm deposits it in its trust or escrow account within three business days.
Rule text read November 2, 2026 at the Colorado Secretary of State: rules changed by rulemaking 2026-00283, from the adopted rules filed there, and rules that filing left unchanged from the compiled 4 CCR 725-1. Informational, not legal advice.
Delivering it
The rule is 5.12, Earnest Money, in 4 CCR 725-1, the Commission’s broker rules. Subsection A:
“Any Broker receiving earnest money must deliver such earnest money to the earnest money holder to be deposited in accordance with the contract. The Broker must obtain a dated and signed receipt from the person or entity to whom the Broker has been instructed to deliver the deposit.”
When the firm holds it
Subsection B sends the firm to the deposit deadline in Rule 5.7.B, which reads:
“All other Money Belonging to Others which is received by a Brokerage Firm must be deposited in the Brokerage Firm’s Trust or Escrow Account no later than three (3) business days following receipt of funds or mutual execution of contract, whichever is later.”
That clause is the general one. Rule 5.7.A gives property management money five business days. The firm may move earnest money on to a closing lawyer or entity:
“The Brokerage Firm may transfer the earnest money from the Brokerage Firm’s Trust or Escrow Account to a lawyer or a closing entity closing the transaction.”
Subsection B then asks the firm that delivers the deposit to a lawyer or closing entity to get a dated and signed receipt from the person or entity providing settlement services.
A promissory note
“If a promissory note is received as earnest money pursuant to an executed contract, the seller must be informed of the date such promissory note becomes due.”
If payment is not made by the due date, the rule has the broker promptly notify the seller and deliver the original note.
The books behind it
Money held in a trust or escrow account runs through the journal and ledger system in Rule 5.14; see Colorado record keeping.
What this page does not settle
Two rules in Chapter 5 sit next to these. Rule 5.9 is on diversion and Rule 5.10 on commingling:
“Money Belonging to Others belonging to one beneficiary must not be used for the benefit of another beneficiary.”
“A Broker’s or Brokerage Firm’s personal or business operating funds must not be commingled with Money Belonging to Others.”
Rule 7.1.A says a broker must use a Commission approved form when one exists and is appropriate for the transaction. This page does not cover which form that is for a deposit. Ask your managing broker how your brokerage handles a deposit.
Common questions
Who holds earnest money in a Colorado deal?
Rule 5.12 has a broker who receives earnest money deliver it to the earnest money holder, to be deposited in accordance with the contract, and get a dated and signed receipt.
Does a Colorado broker need a receipt for earnest money?
Rule 5.12 says the broker must obtain a dated and signed receipt from the person or entity to whom the broker has been instructed to deliver the deposit.
How fast must a Colorado brokerage deposit money it holds for others?
Rule 5.7 says no later than three business days following receipt of funds or mutual execution of the contract, whichever is later. Property management money has five business days.
What happens to a promissory note given as Colorado earnest money?
The seller must be informed of the date the note becomes due, and if payment is not made by then the broker promptly notifies the seller and delivers the original note.
Does Listing AutomatEr hold Colorado earnest money?
No. The app builds and schedules posts for listings you have permission to market. Colorado earnest money is outside what it does.
Where Listing AutomatEr fits
Listing AutomatEr is a desktop app for Mac and Windows that posts the listings you have permission to market to Facebook Marketplace on a schedule. By default it puts your name on the post as the agent marketing the home and credits the brokerage that holds the listing.
It does not obtain the permission for you, and it does not decide whether a post meets a rule. That stays with you and your broker.
Current price and trial length are on the pricing page. Cancel anytime.
Sources
4 CCR 725-1, Rules Regarding Real Estate Brokers, compiled, Colorado Secretary of State, Rules 5.7, 5.9, 5.10, 5.12, 5.13 and 7.1.A, text that rulemaking2026-00283did not change- Employing broker supervision in Colorado, who keeps the trust accounts
This is not legal advice. This page quotes a state rule so you can read it yourself. It is not a lawyer's opinion about your situation. The official text, your brokerage and your own lawyer are the authorities, and the official text wins over this page.