Rules to Identify 1031 Exchange Real Estate, Orange County Real Estate
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Rules To Identify  1031

Exchange Replacement Property

The 1031 Exchange Explained   1031 Exchange Q&A

Rules to Identify 1031 Exchange Replacement Property

The General Rule

  • equal to or up in total market value

  • up in equity

  • up in debt

What are the Three Property rules?

Three property Rule - The Exchanger may identify three (3) properties of any value; or

200% Rule - The Exchanger may identify more than three (3) properties if the total fair market value of what is identified does not exceed 200% of the sale price of the relinquished property: or

95% Rule - If the Exchanger identifies more than three (3) properties and the total value exceeds 200% of the sale price of the relinquished property, to have a successful exchange, the Exchanger must acquire 95% of the fair market value of what was identified.

What other rules are there?

  1. The identification must be made to a party to the exchange (i.e., the Qualified Intermediary)

  2. It must be in writing.

  3. It must be “unambiguous”

  4. It must be signed by the Exchanger.

  5. It must be delivered, mailed, tele-copied, or “otherwise sent” within 45 days of the close of the relinquished property.

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