What is “Title” to Real Property? Unlike the sale of an automobile or similar property, real property, otherwise known as “real estate” carries with it a “chain of title”. By that we mean that there remains with the title to the property a chronological history of ownership and events (i.e.: mortgages, easements, etc.) that forever remain on record so as to determine actual ownership and possible liens or issues that may affect the subject property. By definition, title to real property ownership that provides owners the right to own, possess, control, enjoy and dispose of real estate.
Our experienced Title Department is available to answer any questions you may have about the process of examining title and issuing title insurance. Please e-mail email@example.com with your questions.
An escrow is an arrangement in which a disinterested third party, called an escrow holder, holds legal documents and funds on behalf of a buyer and seller, and distributes them according to the buyer’s and seller’s instructions. People buying and selling real estate often open an escrow for their protection and convenience. The buyer can instruct the escrow holder to disburse the purchase price only upon the satisfaction of certain prerequisites and conditions. The seller can instruct the escrow holder to retain possession of the deed to the buyer until the seller’s requirements, including receipt of the purchase price, are met. Both rely on the escrow holder to carry out faithfully their mutually consistent instructions relating to the transaction and to advise them if any of their instructions are not mutually consistent or cannot be carried out.
Please contact our commercial/real estate escrow department with any questions you may have at firstname.lastname@example.org
Thanks to the IRC §1031, a properly structured exchange allows an investor to sell a property, to reinvest the proceeds in a new property and to defer all capital gain taxes. IRC §1031 (a) (1)
No gain or loss shall be recognized on the exchange or property held for productive use in a trade or business or for investments, if such property is exchanged solely for property of like-kind which is to be held either for productive use in a trade or business or for investments.
THE POWER OF FLEXIBILITY
Pursuant to IRC §1031, capital gain deferment requires the exchange of “like-kind” relinquished property for other “like-kind” replacement property. Any real property held for investment or real property used in a trade or business can be exchanged for any other real property used in a trade or business.
Exchange Five Powerful Strategies
- The Delayed Exchange
A delayed exchange is the most common exchange format, providing investors the flexibility of up to a maximum of 180 days to purchase a replacement property. The use of a Qualified Intermediary is required to complete a valid delayed exchange.
- The Simultaneous Exchange
Most investors today use a Qualified Intermediary to safely facilitate a simultaneous exchange.
- The Improvement Exchange
Improvement (build-to-suit or construction) exchanges allow an investor to use exchange proceeds to either (1) make improvements to an existing property or (2) build new replacement property.
- The Reverse Exchange
A “reverse exchange” is the purchase of the replacement property prior to closing on the relinquished property.
- The Personal Property Exchange
Exchanges of personal property, such as aircraft or business, can qualify for tax deferral.
THE DELAYED EXCHANGE PROCESS
Sale of the Relinquished Property
Prior to closing the sale of the relinquished property, the Exchanger enters into the Exchange Agreement with Qualified Intermediary. Pursuant to the Exchange Agreement, and Assignment is executed prior to closing, and Qualified Intermediary assumes the Exchanger’s Purchase and Sale Agreement. Qualified Intermediary instructs the closing/escrow officer or closing attorney to directly deed the property from the exchanger to the buyer. Proceeds are transferred directly to the Qualified Intermediary, thereby protecting the exchanger from actual or constructive receipt of funds. Please note that Exchanger’s ability to access exchange proceeds at any time. Please consult with our Qualified Intermediary Exchange Counselor for more details on these restrictions.
Identification of Replacement Property
The Exchanger must properly identify potential replacement properties within 45 calendar days. Qualified Intermediary provides the Exchanger with the specific identification requirements.
Purchase of the Replacement Property
The Exchanger has a total of 180 calendar days from closing of the relinquished property, or their tax filing date, whichever is earlier, to acquire “like-kind” replacement properties. Prior to closing on the replacement property, the Exchanger assigns the Purchase and Sale Agreement to the Qualified Intermediary purchases the replacement property with the exchange proceeds and transfers it back to the Exchanger proceeds and transfers it back to the Exchanger by a direct deed from the seller.
Let our experienced team help you to market your listings. We can provide you with a comprehensive package that includes, tax and legal, comparable sales data, tax map, street map and neighborhood information. To speak with a specialist please call 216-834-3700.
As your title company in a for sale by owner transaction is to make sure the transaction closes on time and provide you with all necessary documentation to close correctly. At PLTA, we offer you with all the documents you need to close properly. Contact our Sales Manager, Janet Wetzel via email at email@example.com.