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Real Property Exchange Agreement
"I need a Real Property Exchange Agreement to facilitate the exchange of my commercial warehouse in Seattle for a retail property in Portland, with the exchange to be completed by March 2025, and I want to ensure it qualifies for 1031 tax-deferred treatment."
1. Parties: Identification and details of all parties involved in the exchange
2. Background: Context and purpose of the exchange agreement
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of properties being exchanged
5. Exchange Terms: Core terms of the exchange including values and timing
6. Closing Conditions: Conditions that must be met before closing
7. Representations and Warranties: Statements of fact and promises by each party
8. Title and Due Diligence: Requirements for title review and property investigation
9. Closing and Post-Closing: Process for completing the exchange and post-closing obligations
10. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Boot Provisions: Terms regarding any cash or non-like-kind property involved in the exchange
2. Qualified Intermediary Provisions: Terms regarding the use of a qualified intermediary for tax purposes
3. Environmental Matters: Environmental conditions, responsibilities, and indemnifications
4. Tenant Rights: Provisions dealing with existing tenants and leases
5. 1031 Exchange Provisions: Specific provisions to ensure compliance with IRC Section 1031 requirements
1. Schedule A - Property Descriptions: Detailed legal descriptions of all properties involved
2. Schedule B - Title Reports: Current title reports for all properties
3. Schedule C - Environmental Reports: Environmental assessments or reports
4. Schedule D - Property Inspections: Results of property inspections and condition assessments
5. Schedule E - Closing Documents: Forms and documents required for closing
6. Schedule F - Permitted Exceptions: List of accepted title exceptions and encumbrances
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A U.S. legal agreement facilitating the exchange of real properties between parties, typically structured for tax-deferred treatment under IRC Section 1031.
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