Don’t Miss Out on a 1031 Exchange: What Homeowners and Investors Need to Know

If you or your clients are thinking about selling an investment property, one of the smartest tax strategies to consider is a 1031 Exchange. This powerful tool lets you defer capital gains taxes by reinvesting the proceeds into another like-kind property. But here's the catch: timing is everything—and we get questions about it all the time.


“Can I start a 1031 Exchange after the property has already sold?”

Unfortunately, the answer is no. One of the most common mistakes we see is when clients call after closing, hoping to start a 1031 Exchange. By then, it’s too late.

To successfully complete a 1031 Exchange, the process must begin before the property sale closes. That means:

  • The 1031 Exchange must be opened while the property is still in escrow.

  • You (the Exchanger) must sign the exchange agreement prior to closing.

  • If you’re doing a reverse exchange (buying first), the paperwork must be signed before the purchase closes.


📄 What’s in the Exchange Agreement?

When working with a Qualified Intermediary (like our trusted partner Secure Exchange), your exchange agreement will include:

  • Assignment of rights

  • Notice to the buyer

  • Escrow and wiring instructions

  • Legal language that defines the transaction as an exchange (not a taxable sale)

All of these documents are essential to meet IRS requirements and keep your exchange tax-deferred.


🏡 Why Should Real Estate Agents Bring Up 1031 Exchanges Early?

Many sellers of investment or income-generating properties have no idea about 1031 Exchanges until after the sale is complete—and by then, the tax-saving opportunity is gone.

That’s why it’s so important for agents to bring up 1031s early in the selling conversation, especially if:

  • Your client is selling a rental, commercial, or multi-family property

  • They’re planning to reinvest in real estate

  • They’re concerned about capital gains taxes


⏳ Quick 1031 Exchange Timeline Highlights

  • Before Closing: Contact a Qualified Intermediary and sign the exchange agreement

  • Day 1: Closing day on the relinquished property

  • Within 45 Days: Identify potential replacement properties

  • Within 180 Days: Complete the purchase of one or more replacement properties


✅ Pro Tip for Investors

Even if you’re not 100% sure a 1031 Exchange is the right move, starting the conversation before closing gives you the option. Once you close, the window is gone—and you’re stuck with the tax bill.


📞 Have questions about whether your sale qualifies for a 1031 Exchange or want help connecting with a Qualified Intermediary like Secure Exchange? Reach out today—I'm here to help!

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