1031 addendum to real estate contract-2025

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The document is a 1031 Exchange Addendum to a Real Estate Purchase Contract, outlining the terms under which either the Seller or Buyer can engage in a 1031 Exchange as defined by the Internal Revenue Code. It specifies that the involved parties must cooperate in completing the exchange without incurring expenses or liabilities. The addendum also includes provisions for acceptance, counteroffers, and rejections of its terms.

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What documentation is needed for a 1031 exchange?

Before initiating a 1031 exchange, investors should gather the following essential documentation: Property ownership documents. Tax returns and financial statements. Property title and deed.

What documents are required for a 1031 exchange?

1. Essential Documents Needed for Initiating a 1031 Exchange Property ownership documents. Tax returns and financial statements. Property title and deed. Purchase agreement and closing statement. 1031 exchange agreement with a qualified intermediary. Identification of replacement property form.

Who prepares the 1031 exchange agreement?

Qualified Intermediaries are responsible for (1) preparing the 1031 exchange legal agreements and related documents; and (2) holding, safeguarding and investing the 1031 exchange funds during the like-kind exchange transaction; and (3) coordinating the overall tax-deferred exchange transaction; and (4) keeping the tax-

What is a 1031 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.

What are the identification requirements for a 1031 exchange?

The identification must be in writing, signed by you and delivered to a person involved in the exchange like the seller of the replacement property or the qualified intermediary. However, notice to your attorney, real estate agent, accountant or similar persons acting as your agent is not sufficient.

1031 exchange addendum

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How to write an addendum to a real estate contract?

How to Create an Addendum to a Real Estate Contract Step 1 Review the Original Purchase Agreement. Step 2 Define the Desired Additions or Changes. Step 3 Draft the Addendum. Step 4 Obtain Both Parties Signatures. Step 5 Attach the Addendum to the Original Purchase Agreement. Step 6 Distribute Copies.

Can you do a 1031 exchange on a contract sale?

The simple answer is yes. The order of the execution of the contract is not relevant to the 1031 process, just the order of the closings.

What is the 2 year rule for 1031 exchange?

The related party must hold the relinquished property acquired from the taxpayer for a minimum of two (2) years, and the taxpayer must hold the replacement property acquired as part of the 1031 Exchange for a minimum of two (2) years in order to qualify for tax-deferred treatment.