Need help with win-win seller financing deal on vacation property

Need help with win-win seller financing deal on vacation property

Member since 2025 · 2 posts · 0 votes

Background: In-laws purchased a 3-bed, 2-bath vacation property used as a family cabin/STR in Central Oregon during the 90's.
The current property is in a desirable vacation market and has opportunity for forced appreciation through bathroom/kitchen upgrades. With some updated interior design/amenities and improved management it would see in increase in average nightly rate/occupancy.

They've discussed selling this property in 5-7 years which would allow them to buy another property in Idaho closer to family/grandchildren. The new property would allow them to have a place to stay while visiting and can be used as an STR when they are not in town. 

We are newer to investing and still learning the intricacies of structuring a seller financed deal. We understand the 1031 exchange option would be a good bet for them, however, we are wondering if there is another option out there. A seller financing deal would allow us to gain entry into a new market with more favorable terms and if structured correctly, would hopefully allow them to get the capital they desire to accomplish their goal of finding a new property closer to family. 

From our understanding, seller financed deals will have an agreed upon down payment, monthly payment, and balloon payment after a designated time. We are confident with some initial investment upfront the house would see an increase in value and exceed it's current STR revenue (all of these numbers to be verified). With more favorable terms, we would aggressively pay off the principal until the balloon payment is due, so when we do refinance to a new monthly P&I payment, it would still produce positive cash flow.

Hoping to tap into the BP community to see if anyone has had experience structuring a deal similar to this? What would some of the potential tax implications be and/or could a 1031 exchange still be used in this type of situation? Looking for advice on creating a situation that works for both parties involved. Thanks in advance!  


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  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    1y

    @Scott Casey, there is a way you can utilize the seller financing deal and the 1031 exchange. This strategy is sometimes used when investors have money and bad credit or vice versa. But ultimately, it is an awesome tool since you wouldn't be paying the tax all at once.

    The reinvestment requirements in order to defer all tax are that you must purchase at least as much as you sell your relinquished property for or greater, and use all of the proceeds in your exchange. The owner finance note is one of the proceeds. But it's hard to use that to buy the new property.

    If you are carrying a note for part of the proceeds, you are not receiving all of the proceeds needed to meet your reinvestment requirements. But if you have cash of your own from any source, a family member or friend to lend you the exact amount you need to buy the note from your exchange account. That would allow you to complete your exchange and use the seller financing. You would only pay tax on the interest portion, but it would be very little.

    The 1031 Investor5137 Reviews
  • Member since 2025 · 2 posts · 0 votes
    1y

    Would the balloon payment at the end of the agreed upon terms allow them to do the 1031 exchange?

  • Corey HansonBusiness Member
    Real Estate Agent · Bend Oregon · Member since 2022 · 11 posts · 5 votes
    1y

    1031's are a great tool, one thing I'd caution is that Oregon has a clawback provision:

    Oregon Clawback Provision

    The Oregon Clawback Provision implies that if an investor executes a 1031 exchange but later sells the replacement property and resides outside of Oregon, they may still owe state taxes. This provision is intended to recapture tax revenue for the state that would have been owed had the original sale occurred without a 1031 exchange. Therefore, even after a successful exchange, long-term tax planning is essential for investors to anticipate potential future tax liabilities.

    Corey Hanson Realtor511 Reviews
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