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Updated about 8 years ago on . Most recent reply presented by

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Jack B.
  • Rental Property Investor
  • Seattle, WA
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1031 QI Attorney tried to rip me off, hesitant to try again...

Jack B.
  • Rental Property Investor
  • Seattle, WA
Posted

A 1031 exchange attorney in NY tried to rip me off in my opinion. Even other attorneys and the LPO at escrow said they had never seen anything like this. I only got the money back after I threatened to call the FBI and did so. NINE days this guy led me on, didn't respond or otherwise claimed that he didn't receive a wire matching the reference number and sender, just the amount but that he could not match the money to me so it wasn't mine. Stopped responding, etc. 

Long story short I got the wire back only after I went to the feds. Now I'm reading nothing but bad reviews about attorneys who do 1031 exchanges on yelp, avvo, etc. I'm tempted to just pay the capital gains instead of losing all of my money to a scam artist lawyer. I asked escrow co. to recommend one and they sent me the info of the guy they work with on 1031's all the time, he apparently does all the 1031's for a major realtor office. All the reviews online look good, but...although it's a dual signature account for the money that he tried to put me at ease with, when I asked how that signature is given to the bank he said it's by fax, and it's an online back called community online bank. Of course I don't know that the signature he sends them for the second signature is mine, unless I go to his office and watch him fax it, which is how he said he does it when I asked him....

Most Popular Reply

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Dave Foster
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
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Dave Foster
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
Replied

@Jack B.  Sorry that happened to you. No industry is "idiot proof".   Sounds like you went into the first QI with little due diligence and now "once burned twice shy"  it's going to be tough for you to trust again.  You're not helping yourself by looking at yelp and google reviews though.  Talk to people who have used the QI your talking to.  If you look at the QI profiles on BP you'll see reviews from actual clients they've worked with.  That's what BP is good for.  If you've gotten a referral keep digging until you talk to actual clients.

My guess is that you're just about skittish enough that nothing except an office with a receptionist offering you a Keurig is going to ease your jitters.  In that case call Mary Foster (no relation - I swear) at 1031 Services Inc in Bellevue.  She has written one of the definitive collective syntheses of statute and case law.  You will probably  pay a lot  more for her but it's probably still less than paying capital gains.

If you want a reasonably priced competent exchange and can rationalize yourself to probably never seeing our ugly mugs in person (although coffees on me anytime you're in St. Pete) then contact one of the QI's here on BP who have demonstrable competency and live bodies singing their praises.

  • Dave Foster
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The 1031 Investor
5.0 stars
103 Reviews

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