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Step 1 - Consult with your
tax and financial advisors to determine if a tax-deferred exchange is
appropriate for your circumstances and compatible with your investment
goals.
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Step 2 - Listing the
Relinquished Property for sale with a licensed real estate broker.
The Exchanger will list the Relinquished Property with a real estate
broker. The broker/agent will disclose the intend to complete an
exchange in the listing agreement.
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Step 3 - Offer, Counter
Offer and Acceptance. The Exchanger (Seller) enters into
contract with the Buyer for the sale/exchange of the Relinquished
Property that discloses the Seller's intent to complete the exchange,
and obtain the Buyer's cooperation.
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Step 4 - Open escrow for the
Relinquished Property and coordinate with the Facilitator.
All earnest money deposits should be placed with the Escrow Company. The
Facilitator prepares the exchange agreement and the necessary amendments
and assignments and coordinates with the escrow holder . The close of
escrow of the Relinquished Property and the receipt to the net proceeds
by the Facilitator completes Phase One of the tax-deferred exchange.
Important: The exchange documents must be in place and signed
by all parties prior to close of escrow.
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Step 5: Identify Replacement
Property. The Exchanger must identify all Replacement
Property within 45 days from the close of escrow of the Relinquished
Property. The identification must be in writing, signed by the
Exchanger, and sent to the proper parties by the end of the 45th day.
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Step 6: Contracting for the
Replacement Property. After closing on the Relinquished
Property the Exchanger has up to 180 days to acquire the Replacement
Property. With the help of his or her agent the Exchanger enters into
contract to purchase the Replacement Property from the Seller. In the
contract to purchase the Exchanger discloses the Exchanger's intent to
complete the exchange and obtains the Seller's cooperation.
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Step 7: Open escrow for the
Replacement Property. The Facilitator prepares the Phase Two
Exchange documents and coordinates with the Replacement Property Escrow
holder. At the instruction of the Facilitator the funds held in trust
by the Facilitator are placed in escrow holder deeds the Replacement
Property from the seller directly to the Exchanger. The transaction is
closed as Phase Two of a delayed exchange. |