An exchange facilitator may not knowingly: (1) Make a materially false statement, material misrepresentation or material statement intended to mislead a client or another person concerning an exchange conducted under 26 U.S.C. 1031, or continue a course of material misrepresentation through advertising or otherwise; (2) Fail to account within a reasonable time for moneys or property in the exchange facilitators possession that belongs to another person; (3) Engage in conduct that constitutes fraud or dishonesty or commit a crime involving fraud, misrepresentation, deceit, embezzlement, misappropriation of funds, robbery or theft; or (4) Materially fail to fulfill the exchange facilitators contractual duty to deliver moneys or property to a client, unless the failure results from circumstances beyond the exchange facilitators control.
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