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Real Estate Swap Agreement Generator for the USA

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Key Requirements PROMPT example:

Real Estate Swap Agreement

"Need a Real Estate Swap Agreement for exchanging a commercial office building in Chicago with a retail property in Miami, with closing planned for March 2025, including specific provisions for existing tenant arrangements and environmental compliance."

Document background
The Real Estate Swap Agreement serves as a comprehensive legal framework for property exchanges in the United States. This document is particularly useful when parties wish to exchange properties of similar value while potentially deferring capital gains taxes under IRC Section 1031. The agreement includes detailed property descriptions, valuation mechanisms, due diligence requirements, and closing conditions. It's commonly used by investors, developers, and property owners seeking to restructure their real estate holdings efficiently. The document must comply with both federal regulations and state-specific property laws.
Suggested Sections

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

2. Background: Context and purpose of the swap agreement

3. Definitions: Key terms used throughout the agreement

4. Property Descriptions: Detailed descriptions of properties being exchanged

5. Exchange Terms: Core terms of the swap including valuations and timing

6. Representations and Warranties: Statements of fact about properties and parties

7. Closing Conditions: Requirements for completing the exchange

Optional Sections

1. Due Diligence Period: Terms for property inspection period and investigation rights

2. Boot Provisions: Terms for handling any cash or non-like-kind property in the exchange when properties have unequal values

3. Qualified Intermediary Provisions: Terms regarding use of a qualified intermediary for 1031 exchange structure

Suggested Schedules

1. Property Descriptions Schedule: Detailed legal descriptions of properties including metes and bounds or lot descriptions

2. Title Reports: Current title reports for both properties

3. Environmental Reports: Environmental assessment results and compliance documentation

4. Property Inspection Reports: Results of property inspections including structural, mechanical, and other relevant assessments

5. Existing Leases: Copies of any existing lease agreements affecting the properties

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 law governing tax-deferred exchanges of like-kind property, critical for structuring real estate swaps to minimize tax implications

FIRPTA: Foreign Investment in Real Property Tax Act - Federal regulations governing real estate transactions involving foreign parties

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate settlement processes and disclosures

TILA: Truth in Lending Act - Federal law requiring disclosure of credit terms and standardized calculation methods

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

State Transfer Laws: State-specific requirements for transferring real estate ownership and documentation

State Recording Requirements: State-mandated procedures for recording real estate transactions and documents

State Tax Regulations: State-specific tax implications and requirements for real estate exchanges

Real Estate Licensing Requirements: State-specific regulations governing real estate professional involvement in transactions

Local Zoning Laws: Municipal regulations governing property use, development, and restrictions

Local Transfer Taxes: Municipality-specific taxes imposed on real estate transfers

Local Recording Requirements: Municipality-specific procedures for recording property transactions

CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act - Federal environmental regulations affecting real estate transactions

ADA Compliance: Americans with Disabilities Act requirements affecting commercial property use and accessibility

Title Requirements: Legal requirements for ensuring clear title and necessary title insurance coverage

Easement Regulations: Laws governing property access rights and restrictions affecting the exchanged properties

Mortgage Regulations: Laws governing existing mortgages, liens, and financing considerations in property exchanges

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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