If you work as a closer for real estate transactions and you're notified that one of the parties to the transaction wants to do a 1031 exchange, it’s important for you to make note of that right away in the file and find out who are the people that are helping facilitate this exchange. Here are a few tips for closing agents who encounter 1031 exchanges.
Eleventh Hour Fire Drills
We often get calls from closers at the eleventh hour saying that nobody made arrangements for the 1031 exchange. Everybody involved thought it was someone else's job to do, and now we need to hurry up and get 1031 documents prepared for a closing that's imminent. We can do that, but it's a real fire drill.
Questions to Ask
The better arrangement is to contact the party that intends to do a 1031. Ask them the following questions:
- Is this your relinquished property that you're selling?
- Have you started your process with a qualified intermediary?
How a Qualified Intermediary can Help
If they haven't started with a qualified intermediary, have them contact CPEC 1031 right away. We can get a copy of the purchase agreement and title work from you; we can gather the specific details in particular that we need from the seller; and we can put together the 1031 and the closing instructions that you'll need to know how to prepare the settlement statement and what notices need to be given to the other parties. This allows all of the documentation to be dealt with up front well before the closing occurs so that we have a smooth signing ceremony.
- 1031 Hotline: If you have questions about closing documents related to a 1031 exchange, feel free to call me at 612-643-1031.
Defer the tax. Maximize your gain.
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