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 After over 20 years in the business plan development, structuring and procedures Deed Exchange is now completed and ready to be put in to operation. The internet technology is now finally able to support Deed Exchange's full operation.


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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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