@Russell Brazil, I do believe the South Carolina contract is similar in that a clear CL-100 inspection is expected at closing, even if there is an HOA, but if not the buyer only has the following 3 options:Accept the Property in its present condition, Negotiate with the Seller for the payment of these repairs and treatment, or Terminate this Contract by Delivering Notice of Termination to the SellerWe have been clear that we won't be replacing the sheathing as we are not authorized to remove the siding to do so, but they haven't given notice on any of the above options. 

Now, for 1031's, whether you traded up, or down, for tax treatment, your replacement property becomes two for tax purposes.In cases where you traded up, and took on a larger mortgage, the tax treatment is easier to explain and calculate.

but I will take a guess at what your askingif the developer is going to bust this into lots and you stay in you just lost your tax advantages and will be deemed a dealer at the highest tax rates.sell now no risk.. and best tax treatment you could 1031.if its one property and your saying should I partner and they are going to build an apartment on it and we will keep it.. that's different.. but you lose control because your now going to put a massive amount of debt on it.. all though in your area not too risky given market conditions.. and really depends on your developer  known, reputable and stable ?

In these you are purchasing ownership of a company or entity that owns real estate and not the real estate itself.However there is a hierarchy of real estate ownership that complies with 1031 treatment and runs the range from active to passive.  

Whatever you decide to do, you may want to have a documented business process for accepting, reviewing and approving applications then issuing leases that you follow so that you provide the same treatment to all - Then of course you have to stick to this process.  

Now that I am a Realtor in Colorado, I am also required to disclose that on my listings as well that I have an ownership stake in a property in the advertisements.I also have not really seen a difference with the tenant's treatment of me as the property manager vs being the owner except one time a tenant did try to pressure me into paying for a silly upgrade saying that as the owner and I could afford it and the $100 month rent increase should pay for the new ceiling [The upgrade was to re-texture the whole ceiling of a 1000 sq foot apartment because it had swirls and minor hairline cracks (built in 1920) and this tenant did not like the swirls -- changing the swirls would cost thousands and not result in any more rent]

I’ve had a few bids for professional treatment at around $3,900 or $325/unit.

.- Sheetrock to repair some holes in the wall ($800)- Some decent new flooring (2100 square feet of wood laminate flooring installed, $5.50 per square foot = $11,500 total)- Appliances — washer, dryer, refrigerator, stove, dishwasher, water heaters, and microwave for each unit ($11,900 total)- Washer and Dryer ($1500 per unit, $3,000 total)- Refrigerator ($1300 per unit, $2,600 total)- Stove ($750 per unit, $1,500 total)- Dishwasher ($500 per unit, $1,000 total)- Water Heat ($1000 per unit, $2,000 total)- Microwave ($300 per unit, $600 total)- New kitchen cabinets and counter tops in both units ($4000 per unit, $8,000 total)- Framing of closet space for washer dryer plus shelves and door ($2,000 per unit, $4,000 total)- Bathroom remodel in both units ($9,900 total) - 2-sink cabinet / vanity ($800 per unit, $1,600 total) - 2 sinks ($400 per unit, $800 total) - Countertops ($400 per unit, $800 total) - Mirrors / Medicine Cabinets ($500 per unit, $1,000 total) - Framing and installation of small linens closet plus door ($800 per unit, $1,600 total) - New toilets ($200 per unit, $400 total) - New tubs ($1200 per unit, $2400 total) - Lighting and Fixtures ($650 per unit, $1300 total)- Exterior landscaping, some patching of the yard, trimming of trees, and a few beds out front ($2,000)- New interior doors ($900 per unit, $1,800 total)- New exterior doors ($800 per door, $1,600 total)- New mailboxes and house numbers ($500 per unit, $1,000 total)- Exterior painting (minimal with brick construction) ($1,000 total)- Interior patining ($3,000 per unit, $6,000 total)- New exterior shutters ($300 per unit, $600 total)- Interior window treatments ($300 per window, $3,000 total)On the rent side, there are few rents in the area at $1250.

Not sure if a bankruptcy would change the parameters or not but that may be a better option for the seller. yes if the bank reports the debt as forgiven.. there is an IRS form though you can file with your tax's that says your broke.. then you don't own the tax's on the forgiven amount.. during the crisis IRS postponed this so no one got that treatment but that sunset and now short sales or debt forgiveness needs to be calculated …. the forgiven debt is tax as ordinary income so a 1 mil forgiveness could be a 300 to 400k tax bill..

Additionally, I'm not certain but I believe that every penny of withdrawal taken out of a (non-Roth) 401k/IRA during retirement is taxed at your ordinary rate, which is likely to be higher than tax preferred treatment of real estate.