Quote from @Bill B.:
if they want to do a 1031 they basically can’t accept any seller financing. If you knew they wanted a 1031 why would you ask for seller financing? It would cost them $50k in additional taxes.
you can certainly find a new lawyer and sue for performance (don’t use the current lawyer who told you it wasn’t an enforceable contract obviously.) I don’t know if you’d have to keep your deposit on record with attorney, probably, and maybe if it takes a year and $10k you call it a win if you win? Certainly a loss and a lesson for the seller if they don’t prevail. Be careful you MIGHT be held to a higher standard and face repercussions if you are a broker, standards a regular buyer might not.
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good luck either way.
In her original post it sounds like the seller did not mention a 1031 until the day of closing so she didn't know. My guess, pure speculation, is that the seller found out right before closing that they would be hit with huge capital gain taxes. According to my 1031 person they get a lot of people who come to them after they close wanting to do a 1031, or like this seller, only realizing the rules right before closing and contact a 1031 company just days before closing.
I could be wrong but I doubt any judge or jury will hold her to a higher standard because she is a broker since the seller is an attorney. I doubt the judge would allow a lawyer to say a broker had more knowledge than the lawyer, and I believe most juries like attorneys much less than brokers so I doubt the argument would hold with them either.