Legal Question in Real Estate Law in Florida
Permanent house exchange
I have an offer to exchange my florida home for one in NC. Can anyone give me details on how this type of house trade would work? What should I look out for? I know both properties have mortgages on them so how does that work? How do I determine if it is an equitable exchange as my home is updated but the one being offered is not. Thank you.
2 Answers from Attorneys
Re: Permanent house exchange
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It is hard to imagine that an exchange can be an even exchange. Normally, when parties exchange properties they do a 1031 exchange and save on taxes. There are far to many issues to discuss in the small space afforded here. At the least, you should have an appraisal done, figure out the value of the equity in the properties and determine whether or not an even exchange is reasonable. If not, there should be consideration to make the deal "even" and fair for both parties.
Scott R. Jay, Esq.
Re: Permanent house exchange
You really shouldn't do something like this without a real estate attorney representing you alone. You need current appraisals of both properties, ideally more than one each. Then you need to negotiate considering the values, debts, tax benefits and other factors only your attorney and accountant can identify for you.