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Property Swap Agreement Generator for the USA

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Key Requirements PROMPT example:

Property Swap Agreement

"I need a Property Swap Agreement to exchange my commercial warehouse in Seattle for a retail space in Portland, with the closing date set for March 15, 2025, and specific environmental compliance provisions due to the industrial nature of my property."

Document background
The Property Swap Agreement serves as a comprehensive legal framework for parties seeking to exchange real estate properties in the United States. This document is particularly useful when parties wish to trade properties directly or structure the exchange to qualify under Section 1031 of the Internal Revenue Code for tax advantages. The agreement includes detailed property descriptions, valuation methods, due diligence requirements, and closing conditions, while ensuring compliance with both federal and state-specific property transfer laws.
Suggested Sections

1. Parties: Identification and details of all parties involved in the swap

2. Background: Context and purpose of the property swap arrangement

3. Definitions: Key terms used throughout the agreement

4. Property Descriptions: Detailed descriptions of properties being exchanged

5. Exchange Terms: Core terms and conditions of the swap

6. Closing Conditions: Requirements that must be met before closing

7. Representations and Warranties: Statements of fact by each party about their property and authority

8. Governing Law: Specification of applicable laws and jurisdiction

9. Execution: Signature blocks and execution requirements

Optional Sections

1. Due Diligence: Terms for property inspection and review period, including rights and obligations during inspection

2. Financing Provisions: Terms related to any financing arrangements or monetary consideration as part of the swap

3. Environmental Provisions: Environmental warranties, indemnities, and compliance requirements

4. Tax Matters: Specific provisions relating to Section 1031 exchange requirements and tax implications

5. Property Management: Interim property management arrangements between execution and closing

Suggested Schedules

1. Schedule A - Property Details: Detailed legal descriptions and specifications of properties being exchanged

2. Schedule B - Title Documents: Copies of current title documentation and certificates

3. Schedule C - Property Inspection Reports: Results and findings from property inspections

4. Schedule D - Environmental Reports: Environmental assessment results and compliance certificates

5. Schedule E - Financing Documents: Related financing agreements, terms, and conditions if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

IRC Section 1031: Federal tax code governing like-kind exchanges, which allows for tax-deferred treatment of property swaps if certain requirements are met

FIRPTA: Foreign Investment in Real Property Tax Act - Required consideration if any party in the swap is a foreign person or entity

Federal Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on protected characteristics

Truth in Lending Act: Federal regulation that must be considered if any financing is involved in the property swap

State Property Laws: State-specific regulations governing real property ownership, transfer, and rights

State Recording Requirements: State-mandated procedures for recording property transfers and related documents

State Disclosure Requirements: State-specific rules about what information must be disclosed during property transfers

Local Zoning Regulations: Municipal or county rules governing property use and development restrictions

Local Transfer Taxes: Municipal or county taxes imposed on property transfers

Uniform Commercial Code: Relevant if personal property is included in the swap, governing commercial transactions

CERCLA: Environmental regulations concerning property contamination and cleanup responsibilities

ADA Compliance: Americans with Disabilities Act requirements if properties include public accommodations

Title Requirements: Regulations governing property title, insurance, and necessary documentation for transfer

State Contract Laws: State-specific requirements for valid contract formation and enforcement

Property Assessment Requirements: Rules governing property valuation and assessment for tax and exchange purposes

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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