Trust & compliance

Is an AI-run 1031 exchange safe?

Exchange funds sit in a segregated, state-bonded qualified escrow account held by the licensed QI of record — not commingled with any other exchange, never in Open1031's custody, and never touchable by any single actor or AI without multi-party fiduciary approval.

Platform for licensed QIs Segregated qualified escrow State QI bonding (CA SB 1007+) 24/7 durable deadline watchers SOC 2 Type II in progress OFAC / BSA / AML screened
0
Single actors who can unilaterally move client funds, at the QI or at Open1031
100%
Exchanges run in segregated accounts — never commingled
24/7
Durable deadline watchers — 45-day ID & 180-day close, always on
6+
Compliance regimes with controls mapped: GLBA, BSA/AML, eSign Act, SOC 2 (in progress), state QI statutes, §1031
Where is my money?

Client funds never enter Open1031's accounts

Instead of pooling exchange proceeds in a single corporate account, every exchange run on Open1031 uses a dedicated qualified escrow account — established in the exchanger's name, held under the licensed QI of record via a qualified escrow holder, with a separate account number.

Exchange fund flow — demo data
Matt Belcher
Exchanger — exchange owner
SSN: ***-**-6789
Sale proceeds at closing
Segregated Qualified Escrow
Account #: XXXXX-1031-MB
Qualified escrow holder · held in your name
Property: 456 Sunset Blvd, LA · $850,000
Multi-party approved disbursement only
Replacement Property Close
Funds released to title/escrow company
After workflow approval + QI sign-off

Not commingled, ever

Your exchange proceeds live in an account held for your exchange only. They are never pooled with another exchanger's funds, never used as operating capital, and never touched by an investment desk.

Real-time visibility

Your exchange dashboard shows the escrow balance, every transaction, and the running 45- and 180-day clocks in real time — no "call your QI to check the balance" experience.

State-bonded QI account

The platform tracks per-state bond and registration status for the QI of record — under California SB 1007 and the equivalent Nevada, Colorado, Oregon, Washington, and Idaho statutes. A firm operates in a state only when its requirements are satisfied.

The qualified escrow requirement under IRC §1031 — Treas. Reg. §1.1031(k)-1(g)(3) requires that proceeds be held by a qualified escrow holder and not made available to the exchanger before the exchange period ends. The escrow structure the platform runs for its QIs is designed to satisfy this safe harbor.
Constructive-receipt firewall

No employee. No AI. No code path can move funds alone.

Constructive receipt — the IRS doctrine that taxes proceeds the moment you could have taken them — is the single most dangerous failure mode in a 1031 exchange. We designed around it structurally, not just procedurally.

What the firewall blocks

No employee — at the QI or at Open1031 — can initiate a fund transfer unilaterally Every disbursement from qualified escrow requires a multi-party approval workflow. A single employee cannot override it. Signature validation rejects any unilateral release.
No AI — including Neela — has authority to move funds Neela guides the exchange and answers questions with your exchange context loaded. The AI layer has read-only access to escrow data. Fund movement is a fiduciary action, not an AI action.
No inline code path can trigger a wire without workflow approval All external fund movements are durable workflows with multi-party approval gates, not direct API calls from the UI layer. The Pages Functions never hold credentials to initiate escrow disbursement directly.
What CAN trigger disbursement A completed, signed replacement property instruction submitted by the exchanger opens the request; two authorized officers — the proposer can never be the approver — must approve through the workflow before the escrow institution confirms. Every step is logged immutably in the audit trail.
IRC §1031 / Treas. Reg. §1.1031(k)-1(g) — The qualified escrow and qualified trust safe harbors require that the exchanger not have the right to receive, pledge, borrow, or otherwise obtain the benefits of the escrow proceeds before the exchange is complete. Open1031's multi-party approval structure is designed to maintain this safe harbor throughout the exchange period.
AI authority boundary

The line between what Neela does and what the licensed QI does

"An AI will hold my 1031 money" is the objection we hear most. Here is the precise answer: the licensed Qualified Intermediary of record holds the funds, and that firm runs their practice on Open1031. Neela, the AI, guides the exchange. They are distinct.

Neela — AI exchange guide
Context: your live exchange data
What Neela CAN do
Answer 1031 questions against your live exchange context (basis, boot, days remaining, property count)
Extract data from documents (deeds, appraisals, settlement statements) via camera capture then AI confirm
Guide you through each hub step and surface what needs your action
Explain IRS identification rules (3-Property, 200%, 95%) in plain English for your specific situation
Proactively alert you when deadlines approach and explain what missing them means
What Neela CANNOT do
Hold, move, release, or pledge escrow funds — at all
Override the licensed QI fiduciary or any multi-party approval requirement
Sign exchange documents on your behalf (e-sign requires your authenticated DocuSign session)
Provide individualized tax or investment advice — responses are educational only
Access or store your SSN, DOB, or other NPI beyond the encrypted Supabase secure tables

Neela guides and drafts. She never moves, holds, or releases your funds — that takes multi-party approval.

Neela's responses are educational and informational, not individualized tax or investment advice. Consult your CPA, attorney, or financial advisor regarding your specific tax situation.

Compliance regimes

Every control, mapped to what it protects for you

Every exchange on Open1031 operates under six regulatory frameworks simultaneously — some owned by the QI of record, some by the platform. Each card shows the regime, its anchor citation, and — critically — what risk it eliminates for the exchanger, not just a checkbox.

IRC §1031 / Qualified Intermediary
IRC §1031 / Treas. Reg. §1.1031(k)-1(g)(4)
Live
Every exchange run on the platform has a licensed Qualified Intermediary of record, who holds exchange proceeds under a written QI agreement. The platform enforces the 45-day identification and 180-day close deadlines and prevents constructive receipt through the qualified-escrow safe harbor.
Your exchange is structured to qualify for tax deferral under §1031 when all requirements are met — the QI structure is what keeps your gain deferred.
SOC 2 Type II
AICPA TSC (Security, Availability, Confidentiality, PI, Privacy)
In progress
Controls mapped across all five Trust Services Criteria. Audit in progress; Type II certification requires 6–12 months of operating evidence. We label this honestly: controls are designed and in operation, formal attestation is underway.
Your data is protected by industry-standard controls even before the certificate issues — the controls exist regardless of the audit timeline.
GLBA + Safeguards Rule
15 U.S.C. §6801 / 16 C.F.R. Part 314
Live
Open1031 handles NPI for QIs and their clients under a written information security program — encryption at rest and in transit, access controls, vendor risk management — supporting each firm's GLBA Safeguards and Reg P obligations.
Your NPI (SSN, DOB, financial data) is encrypted, access-logged, and never sold or shared without your consent.
BSA / AML / OFAC SDN
31 U.S.C. §5318 / 31 C.F.R. §1010 / OFAC SDN list
Live
Every exchanger is KYC-verified via Persona (government ID + liveness check) before exchange funds are accepted. OFAC SDN screening runs at account creation and on each party added to an exchange. AML monitoring on fund flows via our OFAC SDN screening workflow.
You are protected from unknowingly entering an exchange with a sanctioned counterparty, and the platform cannot be used as a vehicle for money laundering.
eSign Act + UETA
15 U.S.C. §7001 / Uniform Electronic Transactions Act
Live
All exchange agreements, QEAAs, and closing instructions are executed via DocuSign with tamper-sealed audit trails — intent to sign recorded, identity authenticated, document hash stored. QI counter-signature by the licensed QI officer of record.
Your electronically signed exchange documents are legally equivalent to wet-ink signatures in all 50 states; the audit trail proves authenticity if ever challenged.
CCPA / CPRA
Cal. Civ. Code §1798.100 et seq.
Live
California residents have the right to know, delete, and opt out of sale of personal information. Open1031 processes DSAR (Data Subject Access Requests) within 45 days, maintains a data inventory, and does not sell personal data.
You can request a copy of all data Open1031 holds on you, request deletion (subject to legal hold for exchange records), and opt out of any third-party data sharing.
State QI bonding

Per-state QI bonding, tracked for every firm on the platform

Several states impose their own QI licensing, bonding, and net-worth requirements beyond federal rules. California SB 1007 (2007) is the most stringent — it mandates a $1M+ fidelity bond, segregated accounts, written QI agreements, and annual reporting. The platform tracks per-state bond and registration status for every QI it serves; a firm operates in a state only when its requirements are satisfied.

California
SB 1007 (Corp. Code §17945)
Nevada
NRS §645A
Oregon
ORS §93.975
Washington
RCW §19.310
Idaho
Idaho Code §55-1901
Colorado
C.R.S. §38-22.5 — in progress
Texas · Arizona · Florida
No state QI statute · federal rules apply
Legend: Bonding statute in force — firm status tracked   Statute in progress   No state statute, federal rules apply
Complete audit trail

Every state change is logged, append-only, and available to you

Every write that touches an exchange, document, or fund movement produces an append-only audit-log entry that is timestamped and actor-tagged. The database refuses row deletions inside an entry's five-year retention window, and no customer-facing role can edit or delete an entry. Compliance-critical entries are also forwarded to Vectr's log-api. QI books-and-records retention, SOC 2 CC7, and your own due-diligence needs are all covered by the same log.

2026-04-01 09:12:44Z
Exchange created · Exchanger Matt Belcher · KYC verified via Persona
2026-04-03 14:58:02Z
Relinquished property recorded · 456 Sunset Blvd, LA CA 90028 · $850,000 · 45-day clock started
2026-04-03 15:02:18Z
Qualified escrow opened · Account #XXXXX-1031-MB · qualified escrow holder confirmed
2026-04-19 10:33:56Z
Identification submitted · 3-Property Rule · 2 properties identified · 26 days remaining on clock
2026-04-22 09:00:00Z
QI counter-signature · Exchange agreement DocuSign-sealed · Priya Anand (QI officer)
2026-09-01 08:00:00Z
180-day close guard alert · 29 days to close deadline · Neela notification sent · escalation scheduled at T-14

Sample audit log — demo data. Exchanger name, property address, account number, and SSN are synthetic.

For CPAs and attorneys

Due-diligence materials for your practice

Before you recommend a QI running on Open1031 to a client, you need more than a marketing page. Here is what the platform and the QI of record can provide directly.

QI agreement template

The standard platform QI agreement template — the document your client signs with the QI of record, countersigned by that firm's licensed QI officer. Available for attorney review before engagement.

Request a copy

Escrow account verification

The QI of record can provide a letter from the escrow institution confirming segregation of your client's exchange funds — suitable for your files and due diligence.

Request verification

Compliance summary (PDF)

A one-page compliance summary covering the QI's licensing and bonding status plus the platform's GLBA program, SOC 2 status, BSA/AML controls, and eSign Act compliance — formatted for your practice files.

Download summary
Advisor referral program — CPAs and attorneys who refer clients to QIs on the platform can participate in a transparent, fully disclosed referral fee structure. See the advisor economics on the pricing page.
Ready to start

See the controls run on your practice — or start an exchange

Exchange proceeds never touch Open1031. They sit in segregated, bonded qualified escrow under the licensed QI of record — watched 24/7 by deterministic workflows that cannot miss a deadline.

Open1031 is not a Qualified Intermediary. It provides workflow software to licensed QIs, who remain the fiduciary of record on every exchange, and does not provide investment advice. DST and other securities transactions are facilitated through licensed third-party broker-dealers/advisors; guidance on DST and passive replacement options is educational only. Nothing on this page constitutes tax, legal, or investment advice. Exchange outcomes depend on meeting all IRC §1031, Treas. Reg. §1.1031(k)-1, and Rev. Proc. 2000-37 requirements. Consult your CPA, attorney, and financial advisor before initiating an exchange.

SOC 2 Type II audit is in progress; formal certification has not yet been issued. All sample data — including exchanger name Matt Belcher, property address 456 Sunset Blvd, Los Angeles CA 90028, exchange amount $850,000, and SSN ***-**-6789 — is entirely synthetic and does not represent any real person or transaction.

State QI bonding status is current as of the page publication date and belongs to the QI of record. Verify current registration directly with the QI before engaging. © 2026 Open1031. All rights reserved.

Your money stays in escrow Segregated · bonded · never commingled
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