1031 exchanges are a real estate tax break that allows commercial property sellers to exchange a business, trade, or investment property for another, like kind, property while deferring capital gains tax on the sale.
What is a 1031 exchange addendum?
A 1031 addendum will normally clearly show intent to do a 1031 exchange, permit assignment, and advise the other party there will be no expense or liability as a result of the exchange. Sometimes there is cooperation language asserting that both parties to the contract will cooperate with a 1031 exchange.
Does a seller have to agree to an addendum?
Both addendums and amendments require the consent and agreement of all parties involved in the original contract. Any party to the contract can propose an amendment or an addendum, but it is necessary for all other parties to agree to the proposed changes before either an addendum or an amendment can be added.
What is the purpose of an addendum in real estate?
In real estate, an addendum is an addition or supplement made to a contract that modifies, clarifies, or adds specific terms or conditions. An addendum should not be confused with an amendment, which modifies a contract that has already been executed.
What is a 1031 addendum?
This addendum signifies intent to use the property in a 1031 exchange. At this point, the buyer and their agent are formally made aware of such an exchange. The seller can also assign a QI to the exchange in this addendum. A 1031 exchange addendum is used to add any clarifying language to a 1031 exchange.
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