What term describes the act of a broker mistakenly depositing earnest money into their business account instead of an escrow account?

The act of a broker mistakenly depositing earnest money into their business account rather than an escrow account is defined as commingling. Commingling occurs when a broker mixes personal or business funds with client funds, which is a violation of fiduciary duties and real estate regulations. It is crucial for brokers to maintain proper separation of funds to ensure that client money is protected and used appropriately. By depositing earnest money into a business account, the broker risks the funds being used for unintended purposes, which can lead to legal and ethical issues.

Other related terms such as negligence or dereliction refer to a failure to act with reasonable care or fulfill responsibilities, respectively. While these could be factors if the broker's actions caused harm, they do not specifically define the act of mixing the funds. Conversion refers to the unauthorized taking or use of someone else's property. While both conversion and commingling involve improper management of funds, commingling specifically describes the blending of funds in the manner described in the question.