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1031 Exchange
Explained

Internal Revenue Code Section 1031 is one of the single greatest wealth building tools available to the real estate investor.

Step by Step

Many investors assume that completing a 1031 Exchange is complex or intimidating. In reality, the process is straightforward when the proper steps are followed.

1. Open Your Exchange Account

Your 1031 Exchange account must be established before the close of escrow on the property being sold. While it’s best not to wait until the last minute, Asset Exchange Company (AEC) can open a rush account if needed.

2. Add 1031 Language to the Sales Contract

The Purchase and Sale Agreement for the property being sold should include the appropriate 1031 Exchange clause. AEC can provide sample language upon request.

3. Execute the Exchange Agreement

At closing, AEC coordinates with the escrow company to secure all required signatures and finalize the exchange documentation.

5. Submit the 45-Day Identification Letter

All replacement properties must be identified in writing by day 45 in an unambiguous manner. AEC will guide you through the proper format and submission.

6. Request Funds for Deposits

Exchange funds can be used for earnest money deposits by submitting a Disbursement Form to AEC indicating the amount and recipient. Deposits made from personal funds can later be reimbursed at closing.

7. Complete the Exchange and Final Signatures

At the closing of the replacement property, AEC works with escrow to obtain all necessary signatures and ensure all IRS requirements are met. Depending on the transaction, additional steps may apply, and AEC will assist throughout to ensure a smooth, compliant exchange.

SCHEDULE A CONSULTATION

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3515 Mt. Diablo Blvd, Suite #95
Lafayette, CA 94549
Tel: 877.471.1031
Fax: 877.480.1031

 

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WASHINGTON STATE LAW, RCW 19.310.040, REQUIRES AN EXCHANGE FACILITATOR TO EITHER MAINTAIN A FIDELITY BOND IN AN AMOUNT OF NOT LESS THAN ONE MILLION DOLLARS THAT PROTECTS CLIENTS AGAINST LOSSES CAUSED BY CRIMINAL ACTS OF THE EXCHANGE FACILITATOR, OR TO HOLD ALL CLIENT FUNDS IN A QUALIFIED ESCROW ACCOUNT OR QUALIFIED TRUST THAT REQUIRES YOUR CONSENT FOR WITHDRAWALS. ALL EXCHANGE FUNDS MUST BE DEPOSITED IN A SEPARATELY IDENTIFIED ACCOUNT USING YOUR TAXPAYER IDENTIFICATION NUMBER. YOU MUST RECEIVE WRITTEN NOTIFICATION OF HOW YOUR EXCHANGE FUNDS HAVE BEEN DEPOSITED. YOUR EXCHANGE FACILITATOR IS REQUIRED TO PROVIDE YOU WITH WRITTEN DIRECTIONS OF HOW TO INDEPENDENTLY VERIFY THE DEPOSIT OF THE EXCHANGE FUNDS. EXCHANGE FACILITATION SERVICES ARE NOT REGULATED BY ANY AGENCY OF THE STATE OF WASHINGTON OR OF THE UNITED STATES GOVERNMENT. IT IS YOUR RESPONSIBILITY TO DETERMINE THAT YOUR EXCHANGE FUNDS WILL BE HELD IN A SAFE MANNER.

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