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The IRS requires that if any party to a transaction wishes to do a 1031 Exchange, all parties to the closing are made aware.
An exchange agreement, also called the exchange contract, is a written agreement between the exchanger and the Qualified Intermediary (QI) defining the transfer of the relinquished property, the ensuing purchase of the replacement property, and the restrictions on the exchange proceeds during the exchange period.
Seller is aware and acknowledges that Buyer intends to perform an IRC Section 1031 tax deferred exchange. Buyer requests Seller's cooperation in such an exchange and agrees to hold Seller harmless from any and all claims, costs, liabilities, or delays in time resulting from such an exchange.
A property exchange agreement is a contract between two parties in which each party agrees to exchange specific assets. The purpose of a property exchange agreement is to simplify transferring ownership of assets.
Use Parts I, II, and III of Form 8824 to report each exchange of business or investment real property for real property of a like kind. Form 8824 figures the amount of gain deferred as a result of a like-kind exchange.