Many 1031 Exchangers are unaware that the 1031 exchange industry is almost totally unregulated. Granted, there are a handful of states that require some licensing. But by and large, you are on your own when it comes to ensuring that your exchange is facilitated properly.
For this reason, you need to be aware of two very important pitfalls to avoid as you select a Qualified Intermediary for your exchange.
PITFALL #1, make absolutely sure that your personal data and transactional info will be fully secured during the course of your exchange, and
PITFALL #2, make sure that your exchange proceeds will be held on deposit within a safe custodial structure and that your exchange funds will not be commingled with the funds of others. This means either a Qualified Escrow Account or, as Fyntex does, utilize a restricted 1031 trust account in the name of the Exchanger and with their tax identification number.
In addition, remember that the logistics and mechanics of your exchange are critical as well. Before you set up your exchange it is important that it be carefully planned with the help of an experienced, competent and creative legal and exchange professional. Preferably one who is completely familiar with the tax code in general, not just Section 1031, and one who has extensive experience in doing many different kinds of exchanges. Thorough planning can help avoid many subtle exchanging pitfalls and also ensure that the Exchanger will accomplish the goals for which the transaction is intended.
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Select Your Qualified Intermediary
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Close Your Relinquished (Sale) Property on Day 1
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Identify Potential New Properties Within 45 Days
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Close All Replacement Properties Within 180 Days