To get it at short sale, the seller going through the foreclosure would have to be convinced it is the more favorable option pretty soon and choose to sell at a lose than risk the consequences of foreclosure.

In late 2023, I got an email from the owner that he was ready to sell.

One of these unit owners, who is now refusing to pay, is also attempting to sell their unit, so obviously they don't have a vested interest in the building anymore.

The properties you are selling and buying in a 1031 must be properties you intent to hold for investment use. 

What if you have to sell quickly and then the town takes your second bathroom and your price drops 25k?

Ultimately, should the business not succeed or perform as well as you intended, owning a property in a strong location will be attractive to other users that you could choose to sell or lease to yourself.

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Looking to potentially sell or 1031 that eventually.

Had my realtor call to see what’s up and turns out the contingency was buyer can sell their house first but their financing was getting shaky.

Then, when the construction is completed and the property sells, the land seller gets paid the value of the lot and typically some split of the profits in the deal.