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Updated about 2 years ago on . Most recent reply presented by

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Raman Saka
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Does 45-d replacement property identified mean offer accepted for new property?

Raman Saka
Posted

Hi, I am in the early stages of doing my first 1031 exchange. We are yet to list the property I am replacing, but curious about the 45-d replacement property identified condition. Does that IRS condition mean that I need to have my offers accepted on the replacement properties? OR I can be in the process of doing walk throughs, making offers/counter offers and everything is OK as long as I close in 180 days?

Also has anybody tried to pick up Bank owned properties as replacement properties for 1031 exchange OR the best advice is to keep it simple and straight forward on properties where you can confidently close within the allotted timeframe?

Cheers !!

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Bill B.#3 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
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Bill B.#3 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
Replied

You have 45 days to select the preferably 3 or less replacement properties, or more rules kick in. (45 days, even if it’s a Sunday or a holiday). They don’t care if you don’t even make an offer until 170 days. As long as you’ve closed by 180th day. (Even if it’s a Sunday or holiday)

The smart move is have the property under contract before the 45th day at a price you’re willing to pay. You have zero negotiating power after the 45th day. 

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