shinnslist

One full deal simulated start to finish

Practical Application · 4 study hours

Bottom line: A clean deal is the same steps in the same order every time: disclose, contract in writing, move money only through trust, close with a signed statement, then keep the file.

Bottom line: this lesson walks one $550,000 Denver sale from the first phone call to the commission check. Learn the order. Each step has a form or a disclosure, and each dollar has a place it must sit. Colorado forms are named by title here and you should always use the current Commission-approved version.

The cast: Jordan is an associate broker working under Employing Broker Rita. His buyer client is Alex. The seller is Priya, represented by listing broker Kim at another firm.

Words you need first

A closing disclosure is the federal form giving the buyer's final loan costs. A trust account (also called escrow account) is a separate bank account where a brokerage keeps other people's money; money in it is Money Belonging to Others. A ledger tracks the money of each person in the account; a journal lists every deposit and withdrawal in time order; a reconciliation is matching your records to the bank statement. Commingling is mixing client money with your own. Payoff is the amount that clears a seller's old mortgage. Proceeds is what the seller takes home.

Step 1: the first call (Oct 12)

Alex calls Jordan. In small talk, Jordan can talk about price range and location. Before he asks for or discusses confidential information, he must give the written brokerage disclosures, which explain the working relationships (C.R.S. 12-10-408; Rule 6.5.A-B). Jordan gives Alex the Commission's brokerage disclosure form (its title is the disclosure on working relationships) and explains single agent and transaction-broker roles in plain words. Alex chooses a buyer relationship. Jordan also checks that he is not acting for more than one party without everyone knowing (C.R.S. 12-10-217(1)(e)).

Step 2: the buyer engagement contract (Oct 14)

For a residential buyer, the written agreement that hires the broker is a broker engagement contract, which has statute-set limits on prohibited terms (C.R.S. 12-10-403.5). Jordan uses his firm's buyer-broker form, writes the fee terms plainly, and discloses who pays: the seller's cooperative offer is usually the source, but the buyer may owe the difference. The identity of the payers must be disclosed before signing (C.R.S. 12-10-410(6)).

Step 3: the offer (Oct 28 to Nov 2)

Alex tours homes. Jordan gets Alex the property disclosures: the seller's property disclosure, the lead-based paint disclosure for pre-1978 homes, the water source addendum and any square-footage notice if the listing advertises square footage (Rule 6.11). He presents the offer on the Contract to Buy and Sell form, with every term itemized (Rule 6.14.A.1) and permitted changes explained (Rule 6.14.J). Counteroffers come back on the counterproposal form. Priya accepts on Nov 2. Everyone signs; Jordan keeps a signed duplicate copy of the contract for each party (C.R.S. 12-10-217(1)(j)).

Step 4: money in, on the trust trail (Nov 3 to 4)

Alex's earnest money is $11,000, 2% of the price. Alex delivers a check to Jordan on Nov 3. Jordan hands it to Rita's brokerage that day. Rule 5.7.B requires deposit into the brokerage's trust account within three business days of receipt or mutual execution, whichever is later. Rita's bookkeeper deposits it Nov 4 and makes a journal entry and a ledger entry showing Alex's name, the amount and the property address (Rule 5.14). Mixing it with the firm's own operating money would be commingling (Rule 5.10; C.R.S. 12-10-217(1)(i)).

Step 5: the contract to closing calendar (Nov 5 to Nov 30)

Jordan builds the dated calendar (see the last lesson): title commitment, HOA documents, inspection objection and resolution, appraisal, loan approval. All amendments are in writing (Rule 6.14.A.1). Seller Priya agrees to a $5,000 credit for repairs.

Step 6: closing (Nov 30)

Jordan reviews the closing documents and attends or stays reasonably available (Rule 6.19.C). The closing statements go to each client, accurate, complete and detailed (C.R.S. 12-10-217(1)(j); Rule 6.19.A). The title company is a neutral closing entity; Rita's brokerage transfers the earnest money to it and receives a dated, signed receipt (Rule 5.12.B).

Closing statement summary (example numbers)

Buyer, AlexAmount
Purchase price$550,000
New loan (80%)-$440,000
Earnest money credit-$11,000
Seller credit for repairs-$5,000
Lender fees $4,400 + lender title policy $1,500 + prepaid items $3,100+$9,000
Cash Alex wires at closing$103,000

Check: $550,000 - $440,000 = $110,000; minus $11,000 = $99,000; minus $5,000 = $94,000; plus $9,000 = $103,000.

Seller, PriyaAmount
Sale price$550,000
Payoff of old mortgage-$290,000
Commissions: 2.5% listing side + 2.5% buyer side = 5% = $27,500-$27,500
Repair credit to buyer-$5,000
Title and closing fees-$2,200
Owner's title policy-$1,800
Net proceeds to Priya$223,500

Check: $550,000 - $290,000 = $260,000; - $27,500 = $232,500; - $5,000 = $227,500; - $2,200 = $225,300; - $1,800 = $223,500. Fees like these vary by deal and by who pays under the contract.

Step 7: commission check and the trust-money trail

The buyer-side commission is $550,000 x 2.5% = $13,750, paid by the title company out of Priya's proceeds to Rita's brokerage (compensation may come from a seller, a buyer, a third party or a split between brokers; C.R.S. 12-10-410(1)). Rita's brokerage keeps a 10% split of $1,375 and pays Jordan $13,750 - $1,375 = $12,375. Jordan receives this only from his employing broker (C.R.S. 12-10-221).

The trust trail for Alex's $11,000: (1) Alex's check, Nov 3. (2) Trust account deposit and ledger entry, Nov 4. (3) Wired to the title company on closing day with a signed receipt. (4) Shown as a credit on Alex's closing statement. (5) Ledger balance for Alex returns to $0. The monthly reconciliation proves the bank and the journal match. If any dollar goes missing, failing to account for money or converting it is a ground for discipline (C.R.S. 12-10-217(1)(h), (i)).

Step 8: after closing

Jordan delivers the closing statements and documents to Rita's brokerage immediately after closing (Rule 6.19.A). The brokerage keeps the transaction file for four years (Rule 6.20), and the records are subject to audit by the Commission (C.R.S. 12-10-217(1)(h), (k)).

Example with real numbers

Take the commission split once more: $550,000 x 0.025 = $13,750. Brokerage 10% = $1,375. Jordan = $12,375. If Jordan also owes his team lead 5% of his share, that is $12,375 x 0.05 = $618.75, leaving $11,756.25. Whatever your office policy says, the written agreement with your employing broker governs.

Law cited

Key terms

Closing disclosure
The federal form showing the buyer's final loan terms and closing costs.
Trust account
A separate bank account where a brokerage holds money belonging to others, also called an escrow account.
Money Belonging to Others
Money a brokerage holds for someone else, such as earnest money or security deposits.
Ledger
A record that tracks the money of each person in the trust account.
Journal
A time-ordered list of every deposit and withdrawal in the trust account.
Reconciliation
Matching your records to the bank statement to prove they agree.
Commingling
Mixing a client's money with your own or your brokerage's operating money.
Payoff
The amount needed to clear the seller's existing mortgage at closing.
Proceeds
The money the seller takes home after all payments.
Broker engagement contract
The written agreement hiring a broker for a residential client, with statute-set limits.
Brokerage disclosure
The written explanation of working relationships given before confidential information is discussed.
Split
How a commission is divided between the brokerage and the broker.

Flashcards

When must written brokerage disclosures be given?

Before eliciting or discussing confidential information (Rule 6.5.A).

Earnest money deposited in trust: deadline?

Three business days after receipt or mutual execution, whichever is later (Rule 5.7.B).

What entries show a trust deposit?

A journal entry and a ledger entry (Rule 5.14).

Mixing client and firm money?

Commingling, which is prohibited (Rule 5.10; C.R.S. 12-10-217(1)(i)).

Who gives the closing statements their final check?

The broker with the consumer relationship is responsible (Rule 6.19).

Who pays Jordan his commission?

Only his employing broker (C.R.S. 12-10-221).

Buyer commission on $550,000 at 2.5%?

$13,750.

Jordan's share with a 10% brokerage split?

$12,375.

How long is the file kept?

Four years (Rule 6.20).

Alex's cash to close in the example?

$103,000.

Quiz: 10 questions

Tap an answer. It shows right or wrong and opens the reason. Your score is saved in this browser and counts in the study app.

  1. When must the written brokerage disclosures be given?

    1. A Before eliciting or discussing the consumer's confidential information
    2. B After closing
    3. C Only if the buyer asks
    4. D Only to sellers
    Show answer and why

    Answer: A. Before eliciting or discussing the consumer's confidential information

    Rule 6.5 requires them before confidential talks; small talk about price range and location is excluded.

    4 CCR 725-1 Rule 6.5

  2. Alex's earnest money is 2% of $550,000. How much?

    1. A $5,500
    2. B $22,000
    3. C $13,750
    4. D $11,000
    Show answer and why

    Answer: D. $11,000

    $550,000 x 0.02 = $11,000.

    General math

  3. Earnest money is received Nov 3 (a Tuesday). Under the three-business-day rule, the latest the brokerage may deposit it is:

    1. A Nov 4
    2. B Nov 5
    3. C Nov 6
    4. D Nov 9
    Show answer and why

    Answer: C. Nov 6

    Three business days after Tuesday Nov 3 is Friday Nov 6. Nov 9 is the next Monday, too late.

    4 CCR 725-1 Rule 5.7.B

  4. Which entry set shows the trust deposit?

    1. A A text message
    2. B A journal entry and a ledger entry
    3. C Only a bank slip
    4. D A sticky note
    Show answer and why

    Answer: B. A journal entry and a ledger entry

    Records must show who gave what for which property, in the journal and on a ledger.

    4 CCR 725-1 Rule 5.14

  5. The earnest money goes to the title company. What must the brokerage obtain?

    1. A Nothing
    2. B A verbal thanks
    3. C A gift
    4. D A dated and signed receipt
    Show answer and why

    Answer: D. A dated and signed receipt

    Rule 5.12.B requires a signed receipt from the person providing settlement services.

    4 CCR 725-1 Rule 5.12

  6. Alex's loan is 80% of $550,000. What is the loan?

    1. A $440,000
    2. B $400,000
    3. C $110,000
    4. D $495,000
    Show answer and why

    Answer: A. $440,000

    $550,000 x 0.80 = $440,000.

    General math

  7. Using the closing statement above, what is the seller's net proceeds?

    1. A $228,500
    2. B $232,500
    3. C $223,500
    4. D $260,000
    Show answer and why

    Answer: C. $223,500

    $550,000 - $290,000 - $27,500 - $5,000 - $2,200 - $1,800 = $223,500. $228,500 forgets the $5,000 credit.

    General math

  8. Jordan receives his commission from:

    1. A The title company directly
    2. B His employing broker
    3. C The listing broker directly
    4. D The seller directly
    Show answer and why

    Answer: B. His employing broker

    An employed broker may take compensation for brokerage acts only from the employing broker.

    C.R.S. 12-10-221

  9. Which is NOT a ground for discipline?

    1. A Failing to provide a closing statement
    2. B Commingling funds of others with the broker's own
    3. C Failing to remit money belonging to others within a reasonable time
    4. D Keeping the transaction file four years
    Show answer and why

    Answer: D. Keeping the transaction file four years

    Keeping records is required, not punished.

    C.R.S. 12-10-217(1)(h), (i), (j), (k)

  10. A brokerage keeps 10% of a $13,750 commission. The agent receives:

    1. A $12,375
    2. B $11,000
    3. C $1,375
    4. D $13,750
    Show answer and why

    Answer: A. $12,375

    $13,750 x 0.10 = $1,375; $13,750 - $1,375 = $12,375.

    General math

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