Legal Center

1. Acceptance of Terms

By accessing or using SwapYourProperty, Inc. ("SwapYourProperty," "we," "us," or "our") and its associated web platform at swapyourproperty.com (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Platform. These Terms constitute a legally binding agreement between you and SwapYourProperty, Inc., a Nevada corporation.

2. Platform Description & Scope

SwapYourProperty is a technology marketplace that connects property owners who wish to exchange ("swap") real estate with other property owners or asset holders. The Platform provides tools for listing properties, searching available swaps, facilitating introductions between parties, and managing the documentation workflow for exchange transactions.

SwapYourProperty is NOT a real estate broker, agent, or representative of any party. All brokerage services are provided exclusively by Cohen Group LV, our Associated Broker. All mortgage and financial services are provided exclusively by note. Mortgage Agency. SwapYourProperty provides technology infrastructure only.

3. Eligibility & Account Registration

• You must be at least 18 years of age and legally capable of entering binding contracts
• You must be the legal owner of any property you list, or have express written authority from the owner to list on their behalf
• Entities (LLC, Corp, Trust) must provide proof of authority and beneficial ownership information
• You must complete identity verification (KYC) before submitting or accepting swap offers
• One account per person or entity — duplicate accounts may be suspended without notice

4. Subscription Plans & Fees

SwapYourProperty offers the following subscription tiers:

Transaction commissions are due and payable at closing. The commission is calculated on the total agreed exchange value, including the value of all non-cash assets exchanged. Commission is split equally between buyer and seller parties unless otherwise agreed in writing. All fees are non-refundable once a transaction has closed.

5. Property Listings

• All listing information must be accurate, complete, and not misleading
• You may not list a property you do not own or do not have authority to list
• SwapYourProperty reserves the right to remove listings that violate Fair Housing laws, contain inaccurate information, or are otherwise inappropriate
• Listings expire after 180 days and must be renewed to remain active
• SwapYourProperty does not guarantee that any listing will result in a completed swap
• Photos and descriptions become licensed to SwapYourProperty for promotional use during the listing period

6. Swap Transactions

When two parties agree to a swap, the transaction proceeds through the following stages, each governed by separate legally binding agreements generated by Cohen Group LV's attorneys:

1. Offer & Acceptance: Swap offer submitted and accepted through the platform
2. Disclosure Period: Mandatory inspection and disclosure review (minimum 17 days in California)
3. Escrow Opening: Escrow opened with note. Mortgage Agency
4. Due Diligence: Title search, appraisals, and asset verification
5. Exchange Agreement Execution: Legally binding exchange agreement signed by all parties
6. Closing: Simultaneous title transfers, fund releases, and recording

SwapYourProperty makes no representations regarding the outcome of any transaction and is not liable for the failure of any swap to close for any reason.

7. Prohibited Uses

• Listing properties with intent to defraud, misrepresent, or deceive other users
• Using the platform to facilitate money laundering, tax evasion, or other illegal activity
• Posting content that violates the Fair Housing Act or any anti-discrimination law
• Circumventing the platform's transaction process to avoid commission fees
• Using automated bots, scrapers, or bulk data extraction tools
• Impersonating another person or entity

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWAPESTATE'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL SWAPESTATE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved by binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules, rather than in court. The arbitration shall be conducted in Clark County, Nevada. You waive any right to participate in a class action lawsuit or class-wide arbitration.

10. Governing Law

These Terms are governed by the laws of the State of Nevada, without regard to conflict of law principles, except where federal law applies. Users in California and Florida acknowledge that certain state-specific consumer protection laws may provide additional rights.

11. Modifications

SwapYourProperty reserves the right to modify these Terms at any time. We will provide 30 days' written notice for material changes. Continued use of the Platform after the effective date constitutes acceptance of the modified Terms.

12. Contact

SwapYourProperty, Inc. · Legal Department · legal@swapyourproperty.com · 3960 Howard Hughes Pkwy, Suite 500, Las Vegas, NV 89169

1. Information We Collect

Account Information: Name, email address, phone number, date of birth, government ID (for KYC verification), and address.

Property Information: Property addresses, listing details, photos, financial information related to listed properties (mortgage balances, tax records, HOA dues).

Transaction Data: Swap offers submitted and received, counter-offers, accepted terms, exchange agreements, closing documents.

Financial Information: Bank account information collected by note. Mortgage Agency for escrow purposes (governed by note.'s separate privacy policy). SwapYourProperty does not store full bank account or payment card numbers.

Technical Data: IP address, browser type, device identifiers, pages visited, search queries, and interaction data collected via cookies and analytics tools.

KYC/AML Data: Government-issued ID images, selfie verification photos, proof of address documents. These are retained for a minimum of 5 years as required by the Bank Secrecy Act.

2. How We Use Your Information

• To verify your identity and property ownership
• To match your listing with compatible swap partners
• To generate exchange agreements and closing documents
• To comply with legal obligations (AML, BSA, RESPA, state licensing laws)
• To send transaction notifications, service updates, and marketing communications (with opt-out available)
• To investigate fraud, disputes, or violations of these Terms

3. Information Sharing

We share your information with:

• Cohen Group LV: Your identity and property information is shared with our Associated Broker to fulfill brokerage obligations
• note. Mortgage Agency: Financial and identity data shared for escrow and financing services
• Swap Partners: Limited contact information shared only after both parties accept a swap offer
• Title Companies: Identity and property data shared with title companies for title search and insurance
• Government Authorities: As required by law, court order, or regulation
• FinCEN: For AML reporting obligations including Geographic Targeting Orders in covered markets

We do not sell your personal information to third-party data brokers.

4. California Privacy Rights (CCPA)

5. Data Retention

6. Security

We implement AES-256 encryption for data at rest, TLS 1.3 for data in transit, multi-factor authentication for all accounts, regular penetration testing, and SOC 2 Type II compliant infrastructure. In the event of a data breach affecting your personal information, we will notify you within 72 hours as required by applicable law.

7. Contact

Privacy Officer: privacy@swapyourproperty.com · (702) XXX-XXXX · 3960 Howard Hughes Pkwy, Suite 500, Las Vegas, NV 89169

Federal Fair Housing Act Compliance

The Fair Housing Act prohibits discrimination in the sale, purchase, rental, or financing of housing based on: race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents, pregnant women, and people securing custody of children), and disability.

SwapYourProperty's platform, algorithms, and staff are prohibited from:

• Refusing to show, offer, or exchange housing to any person based on a protected characteristic
• Setting different terms, conditions, or privileges for housing based on any protected characteristic
• Using algorithms or filters that create a disparate impact on any protected class
• Publishing advertisements that indicate a preference, limitation, or discrimination based on protected characteristics
• Steering users toward or away from particular neighborhoods based on protected characteristics

Reporting a Violation

If you believe you have experienced housing discrimination on the SwapYourProperty platform, you may:

• File a complaint directly with SwapYourProperty at fairhousing@swapyourproperty.com
• File a complaint with HUD: 1-800-669-9777 or hud.gov/fairhousing
• File a complaint with the applicable state agency listed above
• Contact a private fair housing attorney

SwapYourProperty will investigate all fair housing complaints promptly and thoroughly. Retaliation against any person who files a fair housing complaint is strictly prohibited.

What is RESPA?

The Real Estate Settlement Procedures Act (RESPA) is a federal consumer protection statute that governs the settlement (closing) process for real estate transactions. RESPA requires advance disclosure of settlement costs, prohibits kickbacks and fee-splitting for settlement services, and ensures consumers receive important disclosures throughout the transaction process.

Section 8 — Anti-Kickback Prohibition

RESPA Section 8 prohibits giving or accepting anything of value in exchange for referrals of settlement service business. SwapYourProperty strictly complies with this prohibition. Our fees are disclosed in our Terms of Service. We do not receive undisclosed compensation from any settlement service provider. Any compensation arrangement with Cohen Group LV or note. Mortgage Agency is fully disclosed in the Affiliated Business Arrangement disclosure below.

Closing Disclosure

For transactions involving mortgage financing through note. Mortgage Agency, you will receive a Closing Disclosure at least 3 business days before closing. This document itemizes all closing costs and must match the Loan Estimate provided at the time of loan application within prescribed tolerances.

Settlement Services

You have the right to shop for and select any qualified settlement service provider, including title companies, escrow companies, and attorneys, unless your lender requires a specific provider for a particular service. SwapYourProperty recommends Cohen Group LV's approved settlement service providers but does not require their use.

Designated Broker of Record

Cohen Group LV is the Designated Broker of Record for all real estate transactions facilitated through the SwapYourProperty platform. All swap transactions, exchange agreements, and property transfer documents are executed under the broker license authority of Cohen Group LV.

You are free to shop around and determine whether you are receiving the best services and the best rate for these services. YOUR LOAN APPROVAL OR THE TERMS OF YOUR TRANSACTION ARE NOT CONDITIONED ON YOUR PURCHASE OF ANY SETTLEMENT SERVICE FROM AN AFFILIATED PROVIDER.

This disclosure is provided to you pursuant to 12 U.S.C. § 2607(c)(4)(B) and 24 C.F.R. § 3500.15. Please retain this document for your records.

1. Definitions

"Platform" means SwapYourProperty, Inc., its website, mobile applications, and all associated tools and services.

"Introduction" means the first moment two users become aware of each other's identity or specific property through the Platform, including but not limited to: viewing a listing, sending or receiving a message, receiving a swap offer, participating in a showing, or accessing any document shared through the Platform.

"Protected Transaction" means any sale, exchange, permuta, swap, lease, option, joint venture, financing, or transfer of any interest in any real property where either party was introduced through the Platform, regardless of whether the specific property was originally listed on the Platform.

"Protection Period" means twenty-four (24) calendar months from the date of Introduction.

"Commission" means the applicable transaction fee under the user's subscription plan (currently 3% of total agreed consideration).

2. Non-Circumvention Covenant

You irrevocably agree that during the Protection Period, you will not, directly or indirectly:

• Engage in any Protected Transaction with any party you met through the Platform without routing the closing through SwapYourProperty and paying the applicable Commission;
• Assist, facilitate, or participate in any arrangement designed to avoid payment of Commission that would otherwise be due;
• Contact or communicate with any party you met through the Platform through channels outside the Platform during active negotiations, except after formal closing of a transaction that paid the applicable Commission;
• Use information obtained through the Platform — including property details, owner identities, contact information, or financial terms — for any transaction that does not go through SwapYourProperty;
• Re-introduce or refer another party to a person you met through the Platform in a manner that results in a Protected Transaction that avoids the Commission.

3. Non-Disclosure Covenant

You agree to hold in strict confidence all non-public information disclosed to you through the Platform, including:

• The identity, contact information, and financial circumstances of other users;
• The terms, conditions, and valuations of any swap proposal or negotiation;
• Proprietary valuation data, AVM models, and matching algorithms;
• Any documents shared through the Platform's secure document system.

This confidentiality obligation survives termination of your account and the Protection Period with respect to information that constitutes a trade secret under applicable law.

4. Mandatory Showing Policy

5. Commission Due on Violation

If you engage in a Protected Transaction in violation of this Agreement, the following amounts become immediately due and payable to SwapYourProperty:

Both parties to a Protected Transaction are jointly and severally liable for the full amount due. SwapYourProperty may pursue either party independently for the full amount.

6. Evidence of Introduction

SwapYourProperty maintains immutable, timestamped records of all introductions made through the Platform. These records include:

• First date and time two users' sessions intersected with a specific listing;
• All messages exchanged through the Platform's messaging system;
• Swap offers submitted and received;
• Document access logs;
• Showing scheduling records.

These records are admissible as evidence in arbitration and court proceedings. Upon detection of a potential violation, SwapYourProperty will send written notice to both parties with supporting evidence. Parties have 10 business days to respond before SwapYourProperty initiates arbitration or files a civil action.

Parties are also notified via email at the moment of Introduction: "This communication constitutes a 'Protected Introduction' under the SwapYourProperty Non-Circumvention Agreement. Any transaction between these parties related to any property either has listed on the Platform within 24 months is subject to the applicable Commission."

7. Monitoring of Public Records

SwapYourProperty actively monitors county property transfer records, title recordings, and deed filings in Nevada, Florida, and Colombia. When a property that was listed on the Platform or was the subject of a Platform negotiation transfers title, SwapYourProperty receives automated notification through its public records monitoring system. This monitoring capability is permanent and is not limited to active listings.

8. Dispute Resolution

Any dispute arising from this Agreement shall be resolved by binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules, seated in Clark County, Nevada. The arbitrator may award injunctive relief, specific performance, and all monetary damages described herein. Judgment on any award may be entered in any court of competent jurisdiction. The parties irrevocably waive the right to a jury trial and to participate in class actions.

9. Governing Law & Severability

This Agreement is governed by the laws of the State of Nevada without regard to conflicts of law principles, except where California or Florida consumer protection law provides additional mandatory rights. If any provision is found unenforceable, the remaining provisions continue in full force.

10. Acknowledgment

Why This Policy Exists

This requirement protects both buyers and sellers by ensuring:

• Documented introduction: The showing creates an official, timestamped record of the parties' meeting under Platform terms;
• Legal protection: A Platform Representative witnesses the showing, ensuring all parties understand the Non-Circumvention Agreement is in effect;
• Safety: Property owners are not exposed to unvetted strangers. All viewers have completed KYC verification before a showing is approved;
• Fair process: All swap terms, negotiations, and follow-up conversations remain on the Platform where both parties are protected.

How to Schedule a Showing

Showing Types

Our Representative's Role

The SwapYourProperty Representative or Cohen Group LV agent present at every showing:

• Verifies the identity of all parties against their KYC records;
• Reads the Non-Circumvention Agreement reminder to all parties before entering the property;
• Witnesses and countersigns the Showing Attendance Log;
• Ensures no unauthorized photography, video, or document copying occurs;
• Facilitates any on-site questions between parties while keeping all communication within Platform terms;
• Submits a Showing Report to the Platform within 2 hours of completion;
• Is available to testify as a witness in any subsequent arbitration or litigation.

Showing Attendance Log

At every showing, all parties — buyer, seller, and SwapYourProperty Representative — sign a Showing Attendance Log which records:

• Property address and listing ID;
• Names and government ID numbers of all attendees;
• Date, time, and duration of showing;
• Acknowledgment that all parties are bound by the Non-Circumvention Agreement;
• Representative's name, license number, and signature;
• Any notable observations (property condition, verbal representations made by seller).

A digital copy of the Showing Attendance Log is stored permanently in both parties' Platform accounts and serves as evidence in the event of a Non-Circumvention Agreement dispute.

Prohibited Showing Practices

• ❌ Scheduling a private showing directly with the seller without Platform involvement;
• ❌ Allowing any person other than KYC-verified Platform users and the designated rep to attend;
• ❌ Conducting a showing after the seller has agreed to remove the listing for a direct sale;
• ❌ Using showing information (floor plans, defect observations, neighbor details) for any purpose other than evaluating the Platform swap;
• ❌ Recording the showing without written consent of all parties and the Platform.

Violation Consequences

Schedule a Showing Now

Nature of Exchange Agreements

All property swap transactions on SwapYourProperty are governed by a legally binding Property Exchange Platform Agreement prepared by attorneys at Cohen Group LV. This agreement is a bilateral contract for the simultaneous transfer of title to two or more properties between the respective parties.

Required Elements

• Legal description of all properties being exchanged
• Agreed exchange values for each property and all non-cash assets
• Identification and valuation of any "boot" (cash or other consideration)
• Contingencies (inspection, financing, title clearance)
• Closing date and location
• Allocation of closing costs between parties
• Default provisions and remedies
• Signatures of all legal owners of each property

Non-Cash Asset Valuation

When non-cash assets (vehicles, art, cryptocurrency, etc.) are included as consideration in an exchange, they must be appraised by a qualified independent appraiser acceptable to both parties. The appraised value is incorporated into the Exchange Agreement. For vehicles, a dealer-certified appraisal or Kelley Blue Book value is typically acceptable. For art and collectibles, a certified appraiser with USPAP credentials is required. For cryptocurrency, the closing-day market value on a specified exchange (Coinbase, Kraken) is used.

Escrow Provider

All escrow services for SwapYourProperty transactions are provided exclusively by note. Mortgage Agency through its licensed escrow division. All escrow accounts are held in FDIC-insured trust accounts at federally chartered banks, completely separate from note.'s operating funds.

What Goes Into Escrow

• Cash difference payments (earnest money and closing funds)
• Title insurance premiums
• Property tax prorations
• HOA dues and transfer fees
• Commission payments (disbursed to Cohen Group LV at closing)
• SwapYourProperty platform fees

Earnest Money

When a swap offer is accepted, a deposit of 1–3% of the property value (or as negotiated) is typically deposited into escrow as earnest money. This deposit demonstrates buyer's good faith and is credited toward closing costs. Earnest money is refundable during the contingency period and may be forfeited if the buyer defaults after contingency removal.

Disbursement

Escrow closes and funds are disbursed simultaneously upon: (1) confirmation of recording of all deeds, (2) receipt of all required documentation, (3) satisfaction of all contingencies, and (4) receipt of all funds. No funds are released until all conditions are met.

What is a 1031 Exchange?

Section 1031 of the Internal Revenue Code allows taxpayers to defer capital gains taxes on the exchange of "like-kind" investment or business properties. A property swap through SwapYourProperty may potentially qualify as a 1031 exchange if all IRS requirements are met.

Key Requirements

• Investment or business use: Both properties must be held for investment or productive use in a business — personal residences do NOT qualify
• Like-Kind: Real property must be exchanged for real property (very broadly interpreted — a shopping center can be exchanged for vacant land)
• 45-Day Identification Rule: You must identify potential replacement properties within 45 calendar days of transferring your relinquished property
• 180-Day Exchange Period: You must receive the replacement property within 180 calendar days of transferring the relinquished property
• Qualified Intermediary (QI) Required: You cannot receive the proceeds from the sale of your relinquished property — they must be held by a QI
• Boot Taxation: Any non-like-kind property (cash, vehicles, art, crypto) received in the exchange is "boot" and is immediately taxable
• Equal or greater value: To fully defer all taxes, the replacement property must be equal to or greater in value than the relinquished property

Qualified Intermediary Requirement

SwapYourProperty is NOT a Qualified Intermediary and cannot hold exchange funds. If you wish to structure your swap as a 1031 exchange, you must engage a separate, licensed QI before closing. Note. Mortgage Agency can refer you to approved QI providers. Failure to use a QI will disqualify the exchange and result in immediate tax liability.

Non-Cash Assets & Boot

When your swap includes non-cash assets (vehicles, art, cryptocurrency, other personal property), those assets constitute "boot" under IRC § 1031 and are taxable in the year of the exchange, even if the real property exchange itself is deferred. Careful structuring with your tax advisor is essential if non-cash assets are part of a swap where 1031 treatment is desired.

Our AML Program

SwapYourProperty, in coordination with Cohen Group LV and note. Mortgage Agency, maintains a written Anti-Money Laundering (AML) program as required by the Bank Secrecy Act and FinCEN regulations. Real estate transactions are a recognized vehicle for money laundering, and we take our compliance obligations seriously.

Customer Due Diligence (CDD)

Before any party may submit or accept a swap offer, they must complete identity verification including:

• Government-issued photo ID (driver's license or passport)
• Selfie verification (biometric liveness check)
• Proof of address (utility bill, bank statement, dated within 90 days)
• For entities: articles of incorporation/organization, operating agreement, and identification of all beneficial owners with 25%+ ownership
• Source of funds declaration for cash consideration exceeding $10,000

Geographic Targeting Orders (GTOs)

FinCEN has issued GTOs requiring reporting of certain all-cash real estate transactions in specified metropolitan areas including Las Vegas (Clark County, NV), Miami-Dade, Broward, and Palm Beach Counties (FL), and major Colombian cities. For transactions in these areas meeting the applicable thresholds, SwapYourProperty and Cohen Group LV will file required reports with FinCEN. This reporting is mandatory and cannot be waived by the parties.

Suspicious Activity Reports (SARs)

SwapYourProperty, Cohen Group LV, and note. Mortgage Agency are each required to file Suspicious Activity Reports (SARs) with FinCEN when they know, suspect, or have reason to suspect that a transaction involves funds from illegal activity, is designed to evade reporting requirements, lacks a lawful purpose, or involves a person known or suspected to be a terrorist or criminal. SAR filings are confidential and we are prohibited by law from disclosing to you whether a SAR has been filed.

OFAC Screening

All users and transaction counterparties are screened against the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) Specially Designated Nationals (SDN) list. Matches or potential matches will result in immediate suspension of the transaction pending review.