Exchange Cooperation Clauses

Relinquished Property Sale Contract“Notwithstanding anything to the contrary, Buyer hereby acknowledges that it is the intent of Seller to effect an IRC §1031 Tax Deferred Exchange, which will not delay the closing or cause additional expense to Buyer. Seller’s rights...

Tax Deferred Exchange Terminology

As with any other specific area of law, tax deferred exchanges under IRC §1031 have their own language, which may be confusing to those who are unfamiliar with these transactions.

Delayed 1031 Exchange – Timelines, Deadlines and Identification

The most common exchange structure is the delayed “forward” exchange in which the Relinquished Property is sold, the proceeds (“Exchange Funds”) are delivered to the Qualified Intermediary, and are subsequently used to acquire Replacement Property from a third party seller.

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