HELP! Seller ONLY wants 1031 TRADE! How do I change their mind?

HELP! Seller ONLY wants 1031 TRADE! How do I change their mind?

New York, New York (NY) · Member since 2017 · 13 posts · 2 votes

Hi BP, 

I found a commercial property that I really like but the agent is telling me he won't share the financials on the property because the owner isn't ready to "market" the property unless he finds a 1031 Trade. It's already on LoopNet so our definitions of "Market" are clearly different.  I'm kind of at a loss here as I've told the selling agent there may be an opportunity for me to pay in all cash and pay way over ask, but obviously only if the numbers work for me. 

I've never run into someone only willing to do a 1031 Trade and since I don't have a property to trade down to I don't know how to go about convincing this seller to sell me the property and just do a 1031 exchange within the normal window of time, like everyone else in commercial real estate. 

Any advice? 

Am I crazy in thinking this person is looking for a needle in a haystack when looking for a 1031 Trade?  Trade only? They'll have to find someone willing to do a very large down Trade as the seller (like most normal people) is trying to do a 1031 Trade up, to a much larger property. 

Thanks in advance! 

Tom

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Dave FosterBusiness Member
Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
8y

@Tom Anderson, I think the agent is referring to a regular1031 tax deferred exchange.  It does not have to be a trade of his property for yours however.  He can initiate a 1031 exchange by selling his property to you, having the exchange documented on the settlement statements and having a qualified intermediary involved to handle the process.  From the day he sells to you he has 45 more days to identify his potential replacements.  It is this identification period that is worrying him.  He wants to have his replacement property lined up and waiting.  

So the answer is for you to offer him a contract allowing him an extended closing to accommodate his 1031.  That eliminates his timing angst.  It also allows you to lock  in a price and if he takes a while to find his replacement you are the benefactor of all the appreciation to the building after you execute the contract.

The 1031 Investor5137 Reviews
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  • Attorney · Durham, NC · Member since 2016 · 224 posts · 126 votes
    8y
    If the seller can swing it, they might do a reverse 1031 exchange and purchase the replacement property first and then sell the relinquished property to you. This route requires the seller to procure capital sources other than the equity the seller has in their property. Your purchase contract would need to be tailored to allow for this deal structure but it is a structure that may work.
  • Developer · Portland, OR · Member since 2014 · 732 posts · 490 votes
    8y
    Tom Anderson Interesting that they won’t release financials. Have you explored an Option to Purchase to give the owner some breathing room to find a replacement property?
  • Karen MargraveBusiness Member
    Moderator
    Realtor, General Contractor, and Developer · Redding, CA · Member since 2009 · 7k+ posts · 4k+ votes
    8y

    @Tom Anderson stop talking to his agent, and put an offer in on the property, then you'll know what the seller will or will not do. Do you have an agent representing you? 

  • Real Estate Broker · Greer, SC · Member since 2013 · 548 posts · 271 votes
    8y

    What's the seller looking for?  Make an offer subject to finding the replacement.  

  • Investor · Phoenix, AZ · Member since 2010 · 79 posts · 27 votes
    8y

    If he's looking to do a 1031 its most likely for tax purposes. He may not be that motivated to sell. If it were me you would need a pretty sweet offer to convince me to go outside of my tax strategy. 

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    8y

    @Tom Anderson, I think the agent is referring to a regular1031 tax deferred exchange.  It does not have to be a trade of his property for yours however.  He can initiate a 1031 exchange by selling his property to you, having the exchange documented on the settlement statements and having a qualified intermediary involved to handle the process.  From the day he sells to you he has 45 more days to identify his potential replacements.  It is this identification period that is worrying him.  He wants to have his replacement property lined up and waiting.  

    So the answer is for you to offer him a contract allowing him an extended closing to accommodate his 1031.  That eliminates his timing angst.  It also allows you to lock  in a price and if he takes a while to find his replacement you are the benefactor of all the appreciation to the building after you execute the contract.

    The 1031 Investor5137 Reviews
  • Registered Representative · Bend, OR · Member since 2018 · 91 posts · 38 votes
    8y

    @davefoster has good points.  I think you are hung up on the word 'trade' when maybe he just used the wrong word.  The seller probably just wants to do a 1031 exchange and doing research prior to escrow on what the replacement property will be is actually very smart.  Like Dave said, give him contingencies to find replacement property with delays and he may feel better about accepting  your offer.  If you really want it, being a buyer that is flexible will be a plus.

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