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.


Asked on 7/18/07, 12:36 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Permanent house exchange

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

Read more
Answered on 7/18/07, 1:09 am
Johm Smith tom's

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.

Read more
Answered on 7/18/07, 10:19 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida