Deferred like-kind exchange of real property under IRC section 1031 using a qualified intermediary: assignment of the sale and purchase contracts, 45-day identification and 180-day exchange deadlines, the identification rules, restrictions on the exchanger's access to funds, and the disqualified-person confirmation. Two signers (exchanger and qualified intermediary).
The 1031 Like-Kind Exchange Agreement (Qualified Intermediary) is a ready-to-use real estate template you can send for signature in minutes. It is written for 2 signers (exchanger and qualified intermediary) and, by default, expires 45 days after it is sent if left unsigned. It covers two signers, agreement, real estate, tax, 1031. Like every Abundera Sign template it is a convenience draft structured for ESIGN Act and UETA compliance, not a substitute for legal advice. Each signed copy is sealed with PAdES-LTA digital signatures, dual RFC 3161 timestamps, and a tamper-evident evidence package in WORM storage.
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# Like-Kind Exchange Agreement (IRC Section 1031) **Effective Date:** ___________ This Exchange Agreement ("Agreement") is entered into by and between: **Exchanger:** ___________ ("Exchanger") **Qualified Intermediary:** ___________ ("Intermediary") Exchanger intends to dispose of real property and acquire replacement real property as part of a deferred like-kind exchange qualifying for non-recognition of gain under Section 1031 of the Internal Revenue Code and the regulations under it, and engages Intermediary to act as a qualified intermediary within the safe harbour of Treasury Regulation section 1.1031(k)-1(g)(4). ## 1. Relinquished Property **Property address:** ___________ **Legal description or parcel identifier:** ___________ **How the property has been held:** ___________ **Contract sale price:** ___________ **Scheduled closing date:** ___________ **Buyer under the sale contract:** ___________ Exchanger represents that the relinquished property is real property and is not property held primarily for sale. ## 2. Assignment and Direct Deeding Exchanger assigns to Intermediary its rights, but not its obligations, under the contract for the sale of the relinquished property, and will give written notice of that assignment to all parties to that contract on or before the closing. Intermediary is treated as having acquired and transferred the relinquished property. The parties may use direct deeding, so that title passes directly from Exchanger to the buyer, without affecting that treatment. ## 3. Exchange Funds All net proceeds from the disposition of the relinquished property shall be paid directly to Intermediary at closing and held by Intermediary in the account described below. The proceeds shall not be paid to Exchanger or to any agent of Exchanger. **Account type:** ___________