Legal Question in Real Estate Law in Arizona

LLC &1031 exchange

My business partner is interested in the assumption of the loan and paying the established equity for residential property which is registered under the LLC. This property has her name on the original puchase agreement which has not been officially deeded over to the LLC. The statements are in her name but the company pays the expense. What will be required to establish 1031 and puchase ofthis property


Asked on 9/07/06, 6:28 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: LLC &1031 exchange

Your question is almost incomprehensible. First, the main question or issues seem to relate to Federal income taxation, so Federal rather than Arizona law would probably apply to most aspects. Second, what do you mean by "registered?" One usually thinks of real property as being "titled" or "in record" to someone; motor vehicles and boats get registered - but even there, registration usually referes only to payment of annual fees and not to ownership. What do you mean by "the statements are in her name?" Do you mean that she is the trustor, or obligor, or debtor, or borrower (all pretty much synonymous)?

The most important point I can make is that you seem to be a novice at these matters, while pulling off a proper and successful 1031 exchange calls for sophistication and a strong understanding of the principles of property ownership and income taxation.

The risks and costs of a mis-step are high in relation to the cost of good advice. Seek out a real estate or taxation attorney, or at least a very advanced tax advisor, preferably one who practices in the state and county where the real property in question is located.

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Answered on 9/08/06, 12:42 am


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