Terms of Service

1031 MLS is an online listing marketplace for real property offered in connection with IRC §1031 like-kind exchanges, together with a directory of the professionals who facilitate those exchanges. We connect people who want to buy, sell or identify replacement property; we do not represent any party to a transaction.

We are not a qualified intermediary

We never hold, receive, control or handle exchange funds, and we are not, and do not act as, a qualified intermediary, exchange accommodator, escrow agent or title company. Nothing on this service satisfies the requirement that a qualified intermediary be engaged before your relinquished sale closes.

We are not a Realtor-association MLS

We are not affiliated with, endorsed by, or a member of the National Association of Realtors or any local, state or regional multiple listing service. “MLS” in our name describes what we do — a searchable listing service — and asserts no such membership.

We do not give advice

We do not provide tax, legal, accounting or investment advice. Our calculators, badges, deadline countdowns and articles are general information and estimates only. Confirm every exchange requirement, deadline and figure with your own qualified intermediary and advisors before you act.

You must be at least 18 and able to form a binding contract to create an account. You are responsible for what happens under your account and for keeping your credentials secure. Enable two-factor authentication where we offer it.

Verification badges reflect what we were able to confirm at a point in time and nothing more. A badge is not a guarantee of any person’s identity, licensure, solvency or conduct. See our verification page for what each badge asserts.

You may only list property you own or are authorised to market, and your listing must be accurate. Prices, cap rates, occupancy and exchange-fit figures you enter are yours; we display them and do not verify them.

When you publish a listing you grant us the licence described in our Listing Content Licence to host and display your photographs and copy. You keep ownership of everything you upload.

Listings pass through moderation before they go live. We may decline, edit the placement of, suspend or remove any listing that breaks these terms, fair-housing law, or the content rules linked below, and we will tell you why where we can.

You agree not to:

• scrape, crawl or bulk-download listings, professional profiles or contact details except through an interface we provide for that purpose;
• attempt to unmask a masked listing’s exact address or a party’s contact details before an inquiry has been accepted;
• post content that is false, discriminatory, that violates fair-housing law, or that infringes someone else’s rights;
• use the directory or lead flow to send unsolicited bulk messages; or
• interfere with the security or operation of the service.

Professionals may subscribe to a directory listing. Subscriptions are billed through Stripe, our payment processor; we do not store your full card number. Plans, lead allowances and exclusivity are described on the plan page at the time you subscribe.

A subscription renews for successive periods until cancelled. Cancelling stops future renewals; it does not refund the current period except where the law requires. A missed payment does not immediately remove your placement — we retry before downgrading.

A directory listing is advertising space. It is not a recommendation, endorsement or vetting of the professional by us, and lead delivery is offered on a best-efforts basis.

The service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that any listing, figure, deadline or professional profile is accurate, complete or current.

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost tax deferral, or a missed identification or exchange deadline. This is the boundary at the heart of these terms: a deferral lost because a deadline was missed is not a loss we can be made to bear, because the deadline is yours to meet with your intermediary and we neither hold your funds nor run your clock.

We may change these terms. When we make a material change we will update the effective date above and, for account-holders, give notice through the service. Continuing to use 1031 MLS after a change means you accept it.

You may close your account at any time. We may suspend or close an account that breaks these terms. Some obligations — the disclaimers, the liability limits and any fees already owed — survive closure.

Governing law, venue and any dispute-resolution procedure are matters for counsel to settle before launch, and this section is a placeholder until they do.

Questions about these terms, or a request to delete your personal information, go through our privacy request form. Copyright complaints follow our DMCA policy.