A person engaged in business as an exchange facilitator shall not do any of the following:
- (a) Make any material misrepresentations concerning any like-kind exchange transaction that are intended to mislead.
- (b) Pursue a continued or flagrant course of misrepresentation, or make false statements through advertising or otherwise.
- (c) Fail, within a reasonable time, to account for any moneys or property belonging to others that may be in the possession of, or under control of, the person.
- (d) Engage in any conduct constituting fraudulent or dishonest dealings.
- (e) Commit any crime involving fraud, misrepresentation, deceit, embezzlement, misappropriation of funds, robbery, or theft.
- (f) Materially fail to fulfill its contractual duties to a client to deliver property or funds to the client, unless that failure is due to circumstances beyond the control of the person engaging in business as an exchange facilitator.