February 2011 Exchange of the Month

1031-Exchange-of-the-MonthHere’s an example of a deal that never would have happened several years ago!

We received a call from a broker we work regularly with regarding the structure of his client’s Exchange. The following is a break down of the sale of a $1M apartment building, our clients were the buyer.

The apartment owner was not interested in an Exchange. Consideration for the purchase of the building consisted of:

Rental House$200k

Buyer’s Note$120k

Cash$80k

Seller Carryback$600k

Total Consideration$1M

The initial deal was structured with new financing in place of the short-term seller carryback but financing was not available due to lender’s perception the buyer was only bringing in $80k in cash down payment. The short-term note enabled the deal to get done and permanent financing to be available after the deal had been completed as a refinance. Our client was happy and his taxes deferred.

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"WASHINGTON STATE LAW, RCW 19.310.040, REQUIRES AN Exchange FACILITATOR TO EITHER MAINTAIN A FIDELITY BOND IN AN AMOUNT OF NOT LESS THAN ONE MILLION DOLLARS THAT PROTECTS CLIENTS AGAINST LOSSES CAUSED BY CRIMINAL ACTS OF THE Exchange FACILITATOR, OR HOLD ALL CLIENT FUNDS IN A QUALIFIED ESCROW ACCOUNT OR QUALIFIED TRUST." RCW 19.310.040(1)(b) (as amended)

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