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1031 Exchange In Real Estate

How Is A 1031 Exchange Used In Real Estate?

What Is A 1031 Exchange In Real Estate?

The Internal Revenue Code (IRC) 1031 (26 U.S.C. §1031) provides for the deferral of capital gains when selling and buying like kinds of property.  In the past the type of property that could be exchanged was more open but as of January 1, 2018 1031 exchanges only apply to real property AKA real estate.  An example would be a real estate investor who has a single family rental home that they purchased for $100,000 ten years ago and wants to sell it today to buy a multi-family building.  Today the rental home is worth $200,000 due to improvements made in the home and increase in overall real estate values.  Without a 1031 exchange the investor would have to pay tax on the $100,000 in gain ($200,000 sale price today minus the original purchase price of $100,000).  Through the process of a 1031 exchange the investor can use the proceeds from the sale of the single family home to directly purchase the multi-family building and not have to pay tax on any gains.  Obviously that is a very simplified example and there are many more moving parts to a 1031 exchange which this article will explore.

(Note: nothing in this article should be taken as tax or legal advice.  1031 Exchanges are highly complex tax transactions that should be processed with the assistance of local experienced legal or accounting professionals.)

Why Use a 1031 Like Kind Exchange?

The real estate you will be selling and purchasing for a 1031 exchange should be investment real estate, in other words real estate used for the production of income...

Real Estate: Should I Sue?

real estate: should I sue?

Should I Sue?

When something goes wrong during a real estate transaction the question comes up of should I sue? While it is easy to talk about filing a lawsuit and expecting an open and shut case the reality is quite different. This article looks at all the potential parties that could be sued, the reason they may sue and the possible outcomes to help determine whether it makes sense to sue someone when it comes to a real estate transaction.  As with anything legal related it is highly recommended to speak with a local attorney who is an expert in the matter as laws vary state to state and even city to city and this article only covers the topics of lawsuits in a general manner and does not cover specifics as to each and every situation.

Should I Sue My Real Estate Agent?

When buying or selling a home a real estate agent is one of the more often seen person helping either the buyer or seller out and therefore more likely to be considered the target for a lawsuit.  Those who are thinking of suing their real estate agent or the agent for the other side first need to look at if the agent actually did anything wrong.  Real estate agents are bound by a code of ethics that they are required to operate by when dealing with clients and customers.  There is a difference too in the duties an agent owes to their client versus the duties they own to a customer or to the other party in a transaction.  For instance an agent who represents a buyer should not be sharing with the seller personal financial information that could indicate how much home they could afford.  If an agent...

Smart Things To Do After Buying A Home

Smart Things To Do After Buying A Home

Prior to closing on the purchase of a home the new homeowner to be should consider what types of services they will be needing for the home. For some of those services calls should be made prior to closing so as to make sure upon moving day the house has power, water and any other services needed to make sure everything goes smoothly.  Most services that are acquired for a home are obtained by contacting the provider directly and letting them know the date the service needs to be turned on.  This article explores what kind of service providers should be contacted by new homeowners and offers advice on avoiding getting overcharged through those claiming to be service brokers.

When To Request Services

As mentioned above for some services the service providers should be contacted before closing in order to make sure services like power, water, and internet are switched over to the new owners name in time for when they need to move in.  With some companies a call should be made at least a couple of days before so that they have enough time to process the change in names of who will be paying for the bill.  This is especially important for the electric, gas and water bill as many sellers will request the service be taken out of their name as soon as closing day in order to not spend any extra money than they have to.  If the home being purchased has a sump pump the lack of power can cause water backup in the basement which will end up in a big mess for the new homeowners to take care of.  The home sellers are not expected to maintain...

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