Strategy on using 1031 exchange to buy a small MF

Strategy on using 1031 exchange to buy a small MF

Real Estate Investor · Atlanta, GA · Member since 2016 · 286 posts · 67 votes

Hi, BPers

I have a question on purchasing a Quad using my 1031 exchange account and wonder whether I could get some inputs from you all!

I just sold two properties and put the proceeds in 1031 exchange accounts. The deadline to identify replacement properties is 12/31/2020. I was planning to use the proceeds to purchase a Quad. But the Quad turned to to have four separate Tax IDs, so that I could not purchase it with my low-interest rate, fixed-term residential loan. As a result, we terminated the contract. Now, it seems we have two options:  

1. I list this Quad as one of three replacement properties for my 1031 exchange and wait on the seller to combine the tax ID (the earliest time for him to start the process is 1/1/2021, after the expiration of the identification period for my 1031 exchange). Once it is combined, we could resume the transaction. The seller is willing to continue the process as well, as I already inspected the unit and agreed on the price. The pros for this option are that I still could look for other deals on the market before the identification period is due (i.e., we are not tied to each other) although I think this Quad is the best deal I have seen so far; The cons are that the seller still can sell the Quad to any highest bidder after the tax ID is combined;  and I may need to pay taxes on my 1031 proceeds. 

2. we finish the transaction now by asking the seller to do a short-term seller financing (amortized for 30 years, but balloon at 1 year). I could combine the tax ID myself and refinance after that. The pros are that I will secure the property now, and don't need to pay taxes on 1031. The downsides are that if new challenges arise during (1) combining Tax IDs and (2) refinancing, I will be stuck. I did mention about the long-term seller financing but the seller was not willing to do so as he wants to do 1031 exchange as well. 

So my questions are:

1. Which option do you think is overall better?

2.  How long does it usually take to combine tax IDs from four unix in a fourplex?

3. Is a minimal 6 months of holding period required for refinancing? The interest rate that my loan broker gave to me is 3.125%, Will the interest rate for refinancing be much higher?

4. Is it possible to change 1031 exchange company in the middle of a deal? It seems that my current company is extremely strict on the rules (i.e., 45 days to identify), which created a lot of stress. 

5. Are there other critical points that I am missing here?

Your inputs will be greatly appreciated!

Lee
 

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Real Estate Broker · Kansas City Metro · Member since 2015 · 2k+ posts · 1k+ votes
5y

@Leon Lee I work with a lot of 1031 exchange buyers and the best advice I can give is for you to identify 3 safe, cash flowing investments that are solid. Going after a home run while doing a 1031 exchange will often cause you to strike out, way too much stress, and you put your investment at risk. 45 day identification period is strict. Hope that helps!

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  • Arn CenedellaPro Member
    Rental Property Investor · Greenville, SC · Member since 2008 · 786 posts · 1k+ votes
    5y

    @Leon Lee

    Can’t you just get 4 smaller residential loans - one on each parcel?

    There is no way around the 45 day ID rule. If you found an exchange company that would tell you it was ok to somehow extend the 45 day period, I would not trust them at all.

  • Real Estate Broker · Kansas City Metro · Member since 2015 · 2k+ posts · 1k+ votes
    5y

    @Leon Lee I work with a lot of 1031 exchange buyers and the best advice I can give is for you to identify 3 safe, cash flowing investments that are solid. Going after a home run while doing a 1031 exchange will often cause you to strike out, way too much stress, and you put your investment at risk. 45 day identification period is strict. Hope that helps!

  • Real Estate Investor · Atlanta, GA · Member since 2016 · 286 posts · 67 votes
    5y
    Originally posted by @Arn Cenedella:

    @Leon Lee

    Can’t you just get 4 smaller residential loans - one on each parcel?

    There is no way around the 45 day ID rule. If you found an exchange company that would tell you it was ok to somehow extend the 45 day period, I would not trust them at all.

    Arn

    Thank you for the advice!

    I don't have four residential loan slots left. Besides paying for 4 closing costs for four small units will make it less a deal. 

    Best

    Lee
     
     

  • Arn CenedellaPro Member
    Rental Property Investor · Greenville, SC · Member since 2008 · 786 posts · 1k+ votes
    5y

    @Leon Lee

    Got it. Makes sense. 

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    5y

    @Leon Lee, You can do a substitution of 1031 intermediaries in the middle of an exchange.  It's an extremely unusual.  And if your beef is that they're strict on the 45 day list - that's how they're supposed to be!  There is no give on that 45 day list and any intermediary who will let you cut that corner is going to be very dangerous to work with.

    If your QI doesn't understand how to help you strategically fit the pieces of this puzzle into a win win for you and the seller that's another story.  Within your identifications, the seller's desire to do a 1031, and the ability to short term owner carry financing are all components that could be made to work for you the two of you.  

    One tip that may help you that your QI may not understand - If you put the 4 units down as a portfolio (meaning all or nothing) it doesn't have to be 4 identifications.  It can be treated as one identification for the 1031 list.  This might give you the time to sort out the rest of the details during the remainder of the 180 days.

    But don't get rid of a QI who's following the law.  

    The 1031 Investor5137 Reviews
  • Scott WolfPro Member
    Lender · Boca Raton, FL · Member since 2014 · 1k+ posts · 958 votes
    5y

    @Leon Lee, as @Dave Foster mentions, the QI being strict is them following the IRS rules.  And they always get their money if you mess up a 1031!

    I'd make sure the two other properties you have identified are real opportunities, and go into contract with the quads, with it contingent on the seller combining the tax lots.  

    How many banks have you called about the 4 lots?  I got one mortgage on two lots.  Call more banks or a commercial mortgage broker to explain the situation.

  • Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    5y

    @leon

    @Leon Lee go commercial loan (s) if thats an issue. Rates are insanely low, you have a lot more flexibility and you'd secure the property. 

  • Real Estate Investor · Atlanta, GA · Member since 2016 · 286 posts · 67 votes
    5y
    Originally posted by @Alex Olson:

    @Leon Lee I work with a lot of 1031 exchange buyers and the best advice I can give is for you to identify 3 safe, cash flowing investments that are solid. Going after a home run while doing a 1031 exchange will often cause you to strike out, way too much stress, and you put your investment at risk. 45 day identification period is strict. Hope that helps!

    Alex

    Thank you for your advice, which is helpful! I agree that finding three solid properties is close to the best one can do. One deal falls through the crack and you are like having 5 days left lol. 

    Thanks again!

    Lee

  • Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
    5y

    @jonathan 

    @Jonathan R McLaughlin, can you recommend any commercial lenders, in the FL market particularly? Thanks! 

  • Real Estate Investor · Atlanta, GA · Member since 2016 · 286 posts · 67 votes
    5y
    Dave

    Thank you for the tip! that can actually be a potential issue, but I will follow up with my QI to be sure that putting the four-led with four separate IDs as one identification is not a problem.  As for how to finance the deal, I inquired around for commercial blanket loans and they are much more expensive and require >40% down payment. That is not what I am looking for. 

    Thank you for your advice! I will communicate  with my QI more regarding the best strategies for such situations and create a win-win situation!

    Lee

    Originally posted by @Dave Foster:

    @Leon Lee, You can do a substitution of 1031 intermediaries in the middle of an exchange.  It's an extremely unusual.  And if your beef is that they're strict on the 45 day list - that's how they're supposed to be!  There is no give on that 45 day list and any intermediary who will let you cut that corner is going to be very dangerous to work with.

    If your QI doesn't understand how to help you strategically fit the pieces of this puzzle into a win win for you and the seller that's another story.  Within your identifications, the seller's desire to do a 1031, and the ability to short term owner carry financing are all components that could be made to work for you the two of you.  

    One tip that may help you that your QI may not understand - If you put the 4 units down as a portfolio (meaning all or nothing) it doesn't have to be 4 identifications.  It can be treated as one identification for the 1031 list.  This might give you the time to sort out the rest of the details during the remainder of the 180 days.

    But don't get rid of a QI who's following the law.  

  • Real Estate Investor · Atlanta, GA · Member since 2016 · 286 posts · 67 votes
    5y
    Jonathan

    What are general terms for your commercial loans on small MF? I was given like 40 to 50% down and 4 to 5% interests rate for a couple of banks. 
    Thanks
    Lee

    Originally posted by @Jonathan R McLaughlin:

    @leon

    @Leon Lee go commercial loan (s) if thats an issue. Rates are insanely low, you have a lot more flexibility and you'd secure the property. 

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