The Property Swap Agreement serves as a comprehensive legal framework for parties seeking to exchange real estate properties in the United States. This document is particularly useful when parties wish to trade properties directly or structure the exchange to qualify under Section 1031 of the Internal Revenue Code for tax advantages. The agreement includes detailed property descriptions, valuation methods, due diligence requirements, and closing conditions, while ensuring compliance with both federal and state-specific property transfer laws.
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1. Parties: Identification and details of all parties involved in the swap
2. Background: Context and purpose of the property swap arrangement
3. Definitions: Key terms used throughout the agreement
4. Property Descriptions: Detailed descriptions of properties being exchanged
5. Exchange Terms: Core terms and conditions of the swap
6. Closing Conditions: Requirements that must be met before closing
7. Representations and Warranties: Statements of fact by each party about their property and authority
8. Governing Law: Specification of applicable laws and jurisdiction
9. Execution: Signature blocks and execution requirements
1. Due Diligence: Terms for property inspection and review period, including rights and obligations during inspection
2. Financing Provisions: Terms related to any financing arrangements or monetary consideration as part of the swap
3. Environmental Provisions: Environmental warranties, indemnities, and compliance requirements
4. Tax Matters: Specific provisions relating to Section 1031 exchange requirements and tax implications
5. Property Management: Interim property management arrangements between execution and closing
1. Schedule A - Property Details: Detailed legal descriptions and specifications of properties being exchanged
2. Schedule B - Title Documents: Copies of current title documentation and certificates
3. Schedule C - Property Inspection Reports: Results and findings from property inspections
4. Schedule D - Environmental Reports: Environmental assessment results and compliance certificates
5. Schedule E - Financing Documents: Related financing agreements, terms, and conditions if applicable
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