1031 Exchange Fee Schedule
The following
definitions apply to the terms and references below:
Relinquished
Property - This is the property you will sell to start the exchange (it is
sometimes referred to as the "first leg" property). Your Relinquished Property
can consist of more than one property.
Replacement Property -
This is the property you will acquire to complete the exchange (it is
sometimes referred to as the "second leg" property). Your Replacement Property
can consist of more than one property.
Sale Price - This refers
to the sale price of the Relinquished Property. If there will be more than one
Relinquished Property, the Sale Price is the aggregate sale prices of all of
the Relinquished Properties.
Basic Fee - This is our fee for
obtaining necessary information, preparing the Exchange Agreement, assignment
forms, replacement property identification form and other paperwork, dealing
with the closing agent who is handling the closing of the sale of your
Relinquished Property, obtaining the funds to be escrowed, dealing with the
closing agent who is handling the closing of the purchase of your Replacement
Property including delivering funds to the closing agent, etc. We collect the
Set-Up Fee by deducting it from the sale proceeds of the Relinquished Property
when we receive the funds to be placed in escrow from the closing agent. If we
will not actually be receiving the funds because, for example, the exchange
will be simultaneous, we will request that this fee be placed on the closing
statement for the Replacement Property so the closing agent can send us a check
for the Basic Fee.
Additional Property Fee - This fee only
charged for each Relinquished Property and each Replacement Property used to
complete the exchange that is more than one property each, so in most exchanges
it will not apply (one Relinquished Property exchanged for one Replacement
Property). However, any Additional Property Fee which would otherwise be
applicable in multi-property exchanges is waived for any Relinquished Property
or Replacement Property closing for which Riddell Law Group
(www.rlglawfirm.com) acts as closing agent and issues the title insurance.
If applicable because there is more than one Replacement Property (and the
subject Replacement Property is not being closed by Riddell Law Group as
mentioned above), the Additional Property Fee will be on the closing statement
for the applicable Replacement Property so the closing agent can send us a
check for the fee following closing. For additional Relinquished Properties,
the applicable Additional Property Fee(s) will be collected in the same manner
as the Basic Fee. This fee is designed to compensate us for dealing with
multiple closing agents, so does not apply where there are multiple
Relinquished Properties all of which are being sold at one time in one closing
or multiple Replacement Properties all of which are being purchased at one time
in one closing.
Escrow Fee - This $200 fee is charged for
escrowing the funds from the Relinquished Property in a separate interest
bearing account in a bank in Sarasota, Florida with interest payable to you.
This fee compensates us for the extra work to open this kind of account so you
receive the interest. The escrow fee is subtracted from the funds we receive
from the closing agent for the Relinquished Property. If you believe your funds
will be reinvested into the Replacement Property too soon to justify the Escrow
Fee, you may elect not to pay the Escrow Fee and we will then retain any
interest earned on the escrowed funds. In other words, you must decide whether
interest earned on the escrowed funds will be more than $200 (thereby
justifying payment of the $200 fee). The Account will bear interest at 1% to
2%. You must notify us that you wish to have your funds placed in an interest
bearing account with the interest accruing to you (and sign a W-9 form) by the
time we receive the funds from sale of your first Relinquished Property.
Otherwise, the funds will be placed in our interest bearing account and we will
keep whatever interest is earned on the funds.
Rush Fee -
Sometimes we are asked to drop what we are doing and prepare for an
exchange on short notice. This requires reallocation of resources, and may
involve overtime. So, for exchanges where we do not receive the filled out
Questionnaire more than 48 hours before the closing is scheduled for the first
of the Relinquished Properties, this fee will be added, and collected in the
same manner as our Basic Fee.
| Sale Price |
Under $300,000 |
$300,000 to $600,000 |
over $600,000 to $1,000,000 |
| Basic Fee |
$700 |
$900 |
$1,100 |
| Property Fee(s) |
Additional $250 will be added per additional
property in multi-property exchanges, unless the fee is waived because the
closing (including issuance of title insurance) on any such additional property
is done by Riddell Law Group. |
| Escrow Fee |
$200 to escrow your funds in a separate
interest bearing account with the interest accrued thereon payable to you
instead of us. |
| Rush Fee |
$250, where applicable per above, in addition
to all other applicable fees. |
| Reverse Exchange |
$1,000 Surcharge (See Reverse Exchange info
here.) |
Example:
exchanger wishes to sell two properties (rental duplex for $160,000, vacant
investment lot for $95,000), for a total sale price of $255,000, and we receive
the order and filled out Questionnaire more than 48 hours before the first
Relinquished Property closing. Riddell Law Group will not be doing any of the
closings. After costs of sale, mortgage payoffs, etc., $150,000 will be placed
in escrow pending investment in one replacement property. exchanger is "trading
up" to a ten unit apartment project with a purchase price of $900,000. Fees
would be $700 Basic Fee, $250 Additional Property Fee and $200 Escrow Fee, for
a total Intermediary fee of $1,150. Note: all fees are earned upon receipt,
no refunds.
Note: Customized
fees will be provided for exchanges:
(a) where the sale price(s) of
the Relinquished Property will exceed $1,000,000; or (b) that are not
standard simultaneous, delayed or reverse exchanges such as build-to-suit
exchanges, construction exchanges, etc.
This Fee Schedule
is effective November 5, 2003. Home | About 1031 Exchanges
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