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Office to NNN Conversion

Complex 1031 Exchange Under Tight Deadline

Albuquerque, NM
2023
NNN Retail Replacement Properties

Overview

Private investor faced a crisis situation: after selling a large office property, the relinquished property closing was delayed by buyer financing issues, compressing the already tight 45-day identification and 180-day exchange timeline. With only 30 days remaining to identify and close on replacement properties, the investor risked substantial tax liability if the exchange failed. The assignment required rapid identification of suitable replacement properties, accelerated due diligence, and creative negotiation with sellers to accommodate compressed closing timelines.

The Challenges

Every complex transaction presents unique obstacles that require creative problem-solving.

Compressed Timeline

Only 30 days remaining after delayed relinquished property sale to identify and close on replacement properties or face substantial tax liability.

Delayed Sale Complications

Original relinquished property closing delayed by buyer financing issues, consuming valuable exchange period and creating uncertainty.

Identification Requirements

Must identify qualifying replacement properties meeting both IRS 1031 rules and investor's income and appreciation objectives within compressed timeframe.

Our Strategy

Immediately activated pre-identified pipeline of NNN replacement properties that matched investor's criteria. Negotiated seller flexibility on closing timelines and structured backup identification properties to ensure compliance with IRS rules. Coordinated with qualified intermediary and closing attorneys across multiple jurisdictions to compress standard due diligence timelines without sacrificing quality.

Pre-identified three suitable NNN replacement properties from existing pipeline before crisis materialized

Negotiated with sellers to accommodate expedited closing timelines and flexible earnest money terms

Structured identification to include backup properties ensuring IRS compliance if primary deals encountered issues

Coordinated accelerated due diligence with environmental consultants, surveyors, and title companies

Maintained daily communication with qualified intermediary to ensure all exchange requirements satisfied

The Outcome

Closed on two investment-grade NNN replacement properties 5 days before the 180-day exchange deadline expired, successfully completing the 1031 exchange and deferring all capital gains taxes. Properties met investor's income objectives with combined 7.2% cap rate and provided strong appreciation potential in growing Southwest markets.

Completed Successfully
Exchange Status
5 Days Before Deadline
Timeline
100% of Gain
Tax Deferred
"When our office sale was delayed, I thought we were going to lose the exchange and face a massive tax bill. Their team moved mountains to find suitable replacement properties and close in time. They literally saved us hundreds of thousands in taxes."
Private Real Estate Investor
Multi-Cycle CRE Investor

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