Will a signed purchase agreement & a downpayment made before the 45-day limit on a 1031 Exchange satisfy the requirements of a State audit? or will they disqualify our 1031 because we did not do the traditional letter identifying 3 properties?
State/Country relating to question: California
have just been gathering documents for our 11/24 deadline. Our broker who sold & help us purchase replacement property would have handled all required procedures...We are worried about this one aspect.
Good morning. The 45-day rule for identifying potential property must be identified in a writing, signed by the taxpayer, and delivered to a party to the exchange who is not considered a "disqualified person". A "disqualified" person is any one who has a relationship with the taxpayer that is so close that the person is presumed to be under the control of the taxpayer. Examples include blood relatives, and any person who is or has been the taxpayer's attorney, accountant, investment banker or real estate agent within the two years prior to the closing of the relinquished property. The identification cannot be made orally. So, as long as you deliver the purchase agreement which identifies the property to someone such as the title company prior to the 45 day limit, you'll be fine.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Texas lawyer for 32 years; Also RE developer
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