usc 12 § 5603

Review, report, and program with respect to exchange facilitators (BANKS AND BANKING (12 U.S.C.))

In Force
Verified 9/13/2026 · Next check 10/13/2026
effective 9/13/2026FederalAffordable Housing Programs

Operative Text

usc 12 § 5603
The Director shall review all Federal laws and regulations relating to the protection of consumers who use exchange facilitators for transactions primarily for personal, family, or household purposes.

Not later than 1 year after the designated transfer date, the Director shall submit to Congress a report describing—

recommendations for legislation to ensure the appropriate protection of consumers who use exchange facilitators for transactions primarily for personal, family, or household purposes;

recommendations for updating the regulations of Federal departments and agencies to ensure the appropriate protection of such consumers; and

recommendations for regulations to ensure the appropriate protection of such consumers.

Not later than 2 years after the date of the submission of the report under subsection (b), the Bureau shall, consistent with part B, propose regulations or otherwise establish a program to protect consumers who use exchange facilitators.

In this section, the term “exchange facilitator” means a person that—

facilitates, for a fee, an exchange of like kind property by entering into an agreement with a taxpayer by which the exchange facilitator acquires from the taxpayer the contractual rights to sell the taxpayer’s relinquished property and transfers a replacement property to the taxpayer as a qualified intermediary (within the meaning of Treasury Regulations section 1.1031(k)–1(g)(4)) or enters into an agreement with the taxpayer to take title to a property as an exchange accommodation titleholder (within the meaning of Revenue Procedure 2000–37) or enters into an agreement with a taxpayer to act as a qualified trustee or qualified escrow holder (within the meaning of Treasury Regulations section 1.1031(k)–1(g)(3));

maintains an office for the purpose of soliciting business to perform the services described in paragraph (1); or

advertises any of the services described in paragraph (1) or solicits clients in printed publications, direct mail, television or radio advertisements, telephone calls, facsimile transmissions, or other electronic communications directed to the general public for purposes of providing any such services.
Source: Legislative text reproduced verbatim
Plain English

Under 12 U.S.C. § 5603, the Director of the Consumer Financial Protection Bureau was required to review all federal laws and regulations covering consumers who use exchange facilitators—intermediaries who help arrange like-kind property swaps for personal, family, or household purposes—and then report to Congress with recommendations for new or updated protections. Within two years of submitting that report, the Bureau was directed to either propose formal regulations or establish a program aimed at protecting those consumers. The provision also defines 'exchange facilitator' broadly to include qualified intermediaries, exchange accommodation titleholders, qualified trustees, and escrow holders, as well as entities that merely advertise or solicit clients for such services.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers who use exchange facilitators to structure like-kind exchanges—particularly those involving residential or mixed-use properties held for personal or household purposes—should be aware that 12 U.S.C. § 5603 directed federal review and potential rulemaking specifically aimed at protecting consumers in these transactions. Compliant operators generally ensure that any exchange facilitator they engage is properly disclosed, maintains clear contractual terms, and meets applicable federal and state standards that may have emerged from the regulatory program this provision mandated. Staying current with CFPB guidance and any regulations issued under this section is a practice commonly associated with responsible property management involving 1031-style exchanges.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

If you are a consumer who has used or is considering using an exchange facilitator for a transaction involving property held for personal, family, or household purposes, 12 U.S.C. § 5603 established a federal mandate to develop protections specifically for people in your position. Tenants or individuals who believe an exchange facilitator acted improperly may have recourse through the CFPB's complaint process, which was shaped in part by the regulatory program this provision required. Tenant-rights organizations and housing counselors can help you understand what protections may have been established under this section and what general enforcement paths are available to you.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 13, 2026
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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

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