REVERSE EXCHANGES: "PURCHASE THE REPLACEMENT PROPERTY
FIRST"
Often investors may need to explore a reverse exchange in a "seller's
market," where recently listed properties are quickly under contract
with a buyer. The need for a §1031 reverse exchange arises when
circumstances require that the replacement (purchase) property be
acquired before closing on the relinquished (sale) property.
An Exchanger must first weigh the benefits against the risk of performing
a reverse exchange with their legal/tax advisors. Unlike most exchange
variations, where Exchangers can rely on the Tax Code and Treasury
Regulations, there are no IRS guidelines which dictate the acceptable
format of a reverse exchange. Very few Intermediaries have extensive
experience with these transactions or are willing to bear the risks of
ownership during the period of time they hold title to a property.
THE REVERSE EXCHANGE PROCESS "PARKING" THE REPLACEMENT PROPERTY
Reverse exchanges involve the Intermediary taking title to either the
replacement or relinquished property (this process is also known as
"parking the title.") In one variation, of this "parking the title"
arrangement, the Intermediary is given title to the Exchanger's ultimate
replacement property with the steps shown below:
A. The Exchanger loans the Intermediary funds needed to purchase the
property from the seller.
B. The Intermediary purchases this property and the closer transfers title
from seller to the Intermediary.
C. The Intermediary provides the Exchanger with the authority to manage
and maintain the replacement property under a triple net lease.
D. When the Exchanger has found a buyer for their relinquished property
and is ready to close, the Intermediary enters into a simultaneous
exchange. Simultaneously, the Intermediary sells the relinquished
property to the buyer, and transfers ownership of the "parked"
replacement property to the Exchanger via an executed Assignment
Agreement.
E. The Intermediary repays the "loan" to the Exchanger with the funds they
are entitled to as seller of the relinquished property.
POTENTIAL OBSTACLES
When contemplating the reverse exchange format, it is critical to be
aware of the many problem areas:
- Conventional financing (many lenders will not approve a loan using the
reverse format.)
- Increased closing costs (additional expenses will be incurred such as
additional transfer fees, fire/liability insurance and higher Exchange
Intermediary fees.)
- Often the Intermediary will require an Environmental Report on property
not considered a single family residence.
- The Exchanger must have funds available to loan the Intermediary for
purchasing the replacement property.
AN EXPERIENCED INTERMEDIARY IS NEEDED
Despite these obstacles, many Exchangers find the benefits of reverse
exchanges outweigh the obstacles. API's staff of reverse exchange
specialists can answer questions regarding all aspects of this valuable
exchange strategy.
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