1031 Exchange - Locking Up Replacement Property Before Selling Existing Rental

1031 Exchange - Locking Up Replacement Property Before Selling Existing Rental

Investor · Denver, PA · Member since 2015 · 193 posts · 55 votes

Hey All,

I have a plan to do a 1031 exchange a little differently than the traditional method and am looking for someone more knowledgeable than I am on this to let me know if it is doable or not. I have a 3/1.5 SFH that I bought back in 2019 as a BRRRR. Paid $75,000 for it, put $30,000 in rehab into it, refinanced and rented it, and now it's worth around $230,000 conservatively with $105,000 left on the mortgage. It's currently only earning around $2,000 - $4,000 per year in positive cashflow though, and I'd like to sell it with a 1031 exchange to get that equity out tax free and redeploy it into a stronger cash flowing multi unit property. The current tenants are interested in buying it and pre-qualified for a mortgage, so my hope is to be able to sell it directly to them without paying a lot of realtor commissions if possible.

My question is, instead of doing the traditional 1031 exchange method where you sell the old rental property, then identify 3 possible replacement properties, could I do it this way instead?

1. Start looking for a new multi-unit rental property. Once I find one I like, get it under contract with a 60 - 90 day timeline until closing.

2. Assuming my tenants and I agree on a price (would work this out with them before making offers on potential replacement properties), right after the replacement property goes under contract I would start the wheels moving to sell the existing rental to my tenants and close hopefully within 30 days. During this time I would also start the 1031 exchange and identify the replacement property I have under contract.

3. Existing rental sells, closing on the new rental takes place and 1031 exchange is completed.


I've never done this before and don't know if it is possible though, what potential issues there may be, things to watch out for, etc. Would love to hear thoughts and any tips from those who are more knowledgeable on this. Thanks in advance

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  • Denver McClurePro Member
    Financial Advisor · Dallas, TX · Member since 2018 · 659 posts · 479 votes
    10mo

    Hey @Tim Porsche, I'd recommend speaking to a QI to get proper guidance. @Whitney Nash can help you out.

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    10mo

    @Tim Porsche, This is actually an ideal scenario for you because you won't have to worry so much about the time frame requirements. Your tenant can be more flexible since they're not moving.

    You can absolutely go under contract for the new property prior to selling your old property, but you can't take title to the new property until you close the sale of your old one. A contract for purchase satisfies the identification requirements.

    Just remember that, in order to defer all of the tax, you must purchase at least as much as your net sale ( contract price minus closing costs) and use all of the proceeds (any equity received in your 1031 exchange. Otherwise, it's considered taking profit, and you would be taxed on the portion you receive.

    The 1031 Investor5137 Reviews
    • Investor · Denver, PA · Member since 2015 · 193 posts · 55 votes
      9mo

      @Dave Foster Thanks for the feedback! This makes me much more confident in my plan now knowing that you don't see anything wrong with it as long as the tenant comes through with the purchase of the old rental. 

      The replacement property will definitely be of greater value than the old one, I'll be looking for something in the $350,000 - $500,000 range, just depending on how much work and rehab the new property needs. 

      Other than verifying the tenant is pre-qualified for a mortgage, is there anything specific you would recommend I do to prepare for the 1031 exchange before I start looking for replacement properties? I'm planning to start looking in March of 2026.

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