All proceeds from the sale (the cash and the note) must go into the exchange so you do not have constructive or actual receipt of the funds.  

Can you provide me with some constructive criticism to make future calls better?

nationally, the typical construction worker earns $20/hourfor CA small landlords with small repairs needed, DIY & handymen are quite affordable.sorry OR licensure ordinances don't address the need for affordable small repairs the way at least CA's do.

Second when you say "not to code" do you mean poorly constructed or do you mean that the lateral's actual physical location was not approved to run across the neighboring property?

Price the windows from a construction wholesaler.

You only pay points and closing costs once with a 203k while your typical construction loan is after you already close and pay points and closing costs, then you pay them again on the construction loan and realize they want this construction loan paid off in 6-12 months and you will then pay closing costs again. 

For plain jane SFR type transaction you could go a whole career and never speak to a RE attorney.. the only time is usually when your getting threatened to be sued  LOL for some constructional issue or dispute.Night and Day in how we transact compared to how you folks transact.. 

I've heard that double closing is a good option for closing deals unless the buyer is ok with the wholesaler making a good spread as long as its enough meat on the bone for the buyer as well.

Just a bare bones listing.   

Try a construction-perm loan.