Deed Exchange's
Consumer Protection
1.
Consumer Protection:
Each day on Deed Exchange there are more than
500 million deeded interests change hands without
any problem. However, disputes and controversies occasionally arise. Deed Exchange
have setup a Governing Body to overseeing
Deed Exchange’s Members, Associate Members, Brokers
and Agents. All commercial entities accessing and using the Deed Exchange’s
MDLS & MPLS sites must be members of Exchange.
Arbitrators will be used to resolve disputes
between Buyers, Sellers, and all Members. Arbitration is often
viewed, by all parties, as an attractive alternative to lengthy and expensive
litigation. In June 1987 the Supreme Court of
the United States upheld the arbitration process as a fair, equitable
and efficient method for settling disputes.
2.
Arbitration:
Arbitration enables a dispute to be resolved
quickly and fairly by impartial persons - known as arbitrators
- who are knowledgeable in the areas of controversy. Claims
involving the activities of real estate Agents, Brokers
and Business using Deed Exchange may be arbitrated if the claim is filed
within six months of the date of the event in
dispute. A Exchange customer always has the right to require a real estate
broker or any member to submit to the arbitration process. In choosing
arbitration as a means of resolution, the parties
waive the right to pursue the matter through the courts. Deed Exchange
will provide neutral arbitration panels to hear and decide disputes in
more than 30 major cities throughout the United
States. Deed Exchange maintains rosters of qualified arbitrators
in each of these cities and screens potential arbitrators for conflicts
before assigning them to a particular case. Typically,
a panel for a case consists of one arbitrator with real estate industry
experience and two arbitrators who have no affiliation with the real estate
industry. Arbitrators are frequently educators,
lawyers, retired individuals and other professional.
3.
Member Regulations:
Deed Exchange protects customer and any accounts
by monitoring the financial and operational integrity
of its members and member firms. To ensure that each consumer is protected
while using the Deed Exchange or Member Services.
Deed Exchange performs checks as well as several other examinations
yearly. In addition, members must keep records, make reports and a detailed
quarterly analysis on its financial and operating
activities. These submissions are performed via an automated
surveillance system, which permits constant evaluation and attempts to
identify unusual buying and selling trends and
patterns within Deed Exchange.
4.
Market Surveillance:
Property Watch is a key Exchange tool for protecting
the integrity of the market of listed properties. It
is a computerized system that automatically flags unusual volume, price
changes or activity of any listed property, helping
Deed Exchange guard against manipulation and illegal active. Most
large volume or price changes can be explained by posted property information,
trends in the industry, or national economic factors.
However, where no legitimate explanation is evident, Deed Exchange launches
an investigation.
The investigation begins by checking the posted
property information to find out if there are any posting
or announcements. At the same time, surveillance personnel draw on an
electronic audit trail to reconstruct the details
of every purchase that takes place. Rebuilding the "time of execution"
enables Deed Exchange investigators to see if any
property stand out in the buying and selling. The next
step is to obtain the names of the buyer and sellers involved in the transaction.
These names are automatically matched against
the names of brokers, agents and others to detect any possible connection.
This task is performed using the Automated Search, which contains the
names of all deeded interest owners. Customer,
buying and selling information is also analyzed for geographical concentrations
and compared with names and chronological events provided by Exchange
listed properties. If, after an investigation
is completed, Deed Exchange uncovers suspicious buying or selling
practices by its brokers, agents, financial and insurance members or their
employees, it can take disciplinary action. For
those outside Deed Exchange jurisdiction, it can turn the information over
to the Department of Real Estate (DRE) or another law enforcement agency
for their further consideration.
5.
Enforcement:
Deed Exchange has a provision to take action for
any violation of Deed Exchange rules. It is mandated
that Deed Exchange discipline violations of Deed Exchange rules by the members
and member organizations.
6.
Enforcement Action:
The Division of Enforcement acts as the prosecutorial
arm of Deed Exchange. There are provisions in the
access agreement permitting Deed Exchange to take action for any violation
of any rules. The subject matter of cases is broad
in scope. Customer-related sales practice violations may constitute
the single largest component. A second category involves violations of
the financial responsibility and operational requirements
of Exchange member firms, including situations that impact
the financial stability and viability of the firm. The division also prosecutes
cases involving
misconduct on Deed Exchange and in the general
marketplace, including false information being posted
and market manipulation cases. Deed Exchange discipline violations of the
Laws and rules by Exchange member firms and associated
persons. Matters referred to Enforcement will move through
one or more stages of the disciplinary process.
When all the facts are obtained, the Division
can decide to take no action, impose informal discipline
by an education or admonition letter, or initiate formal charges. If formal
charges are warranted, a formal proceeding involving
an Deed Exchange Hearing Panel follows. Appeals of Panel decisions
are made to the Board and thereafter to the Department of Real Estate
and other law enforcement agencies.
7.
Disciplinary Process:
DeedExchange.com reserves the right to discipline
violations of the Laws and rules by Deed Exchange
member firms and associated persons. Matters referred to Enforcement
move through one or more stages of the disciplinary
process.
When all the facts are obtained, the Division
can decide to take no action, impose informal discipline
by an education or admonition letter, or initiate formal charges. If formal
charges are warranted, a formal proceeding involving
a Hearing Panel follows. Appeals of Panel decisions are made
to the Board and thereafter to the Department of Real Estate.
8.
Education:
Deed Exchange requires that all persons and companies
acting in a commercial manner, other then buying
and selling for themselves, be members of Deed Exchange. All persons registered
must complete a computer-based training program
on the 2nd anniversary of their membership, and every three
years thereafter. The program includes topics relating to sales practices,
customer communications, compliance, ethics, and
other subjects necessary to successfully conduct a real estate
buying and selling exchange.
The Regulatory Element require member organizations
and associate member organizations to provide
ongoing training tailored specifically to the products and services they
provide. Such training must be reviewed and updated
at least annually, and must also focus specifically on supervisory training
needs.
Organizations training programs are evaluated
as part of the annual on-site examinations conducted
by Deed Exchange of organizations. Deed Exchange Regulatory Council (Council)
on Continuing Education is responsible for recommending,
and helping to develop specific content and questions
for the Regulatory Element, and minimum core curricula for the organizations.
The Council is comprised of 45 representatives
from around the world representing a broad cross section of
industry organizations. The Council will benefit from liaison personnel
from the Deed Exchange and the Department of Real
Estate in each state.
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