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.
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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
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
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
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