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Tenants in Common 1031 Exchanges Offer Investment Diversity but Beware

By
Real Estate Agent with Elizabeth Anne Weintraub, Broker DRE #00697006

tenants in common 1031 exchangeLooking for a different type of real estate investment? Tenants in common ownership offers benefits for investors who are tired of property management and want to use leverage by buying a fractional interest of a much larger investment vehicle.

However, as some Sacramento real estate investors have discovered, it pays to investigate the company before handing over cash to buy into a tenants in common project. Not only is checking out the company essential, but finding out whether the investment is registered as a security might save you scrutiny by the SEC.

One such company, Sacramento-based Heaven Investments Holding Corp., filed for bankruptcy in August, listing assets of $21.6 million and liabilities of $30.6 million, and it's presently being investigated by regulators.

The experts say if you're going to participate in a tenants in common 1031 exchange, make sure you're dealing with a registered representative who has a Series 7 (or Series 22) and Series 63 (or Series 66) license because such transactions, although real estate, are actually securities.

The way a tenants in common 1031 exchange works is instead of trading property A for property B, investors can exchange their equity by buying a fractional interest of a much larger, perhaps commercial, project. These investments are typically offered through a private placement memorandum. Investors are advised to select a company with a proven track record and work with a tenants in common specialist who has performed due diligence.

Some of the advantages of a Tenants in Common 1031 Exchange are:

  • Preservation of wealth
  • Diversification
  • Deferred taxes
  • Relief from property management
  • Cash flow possibilities
  • Potential appreciation

Read more about Tenants in Common 1031 Exchanges.

elizabeth weintraub sacramento real estate agent in land park

The Short Sale, by Elizabeth Weintraub, coming from Archer Ellison in January 2009.

Photo: Big Stock Photo

 

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Elizabeth Weintraub is co-partner of Weintraub & Wallace Team of Top Producing Realtors, an author, home buying expert at The Balance, a Land Park resident, and a veteran real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown, Carmichael and East Sacramento, as well as tract homes in Elk Grove, Natomas, Roseville and Lincoln. Call Elizabeth Weintraub at 916.233.6759. Put our combined 80 years of real estate experience to work for you. Broker-Associate at RE/MAX Gold. DRE License # 00697006.

Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.The views expressed herein are Weintraub's personal views and do not reflect the views of RE/MAX Gold. Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice; it could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.

Comments(7)

C Tann-Starr
Tann Starr & Associates, Inc. - Palm Bay, FL

Elizabeth, I am so looking forward to reading your book "The Short Sale." This is very interesting. <3 C.

Oct 18, 2008 02:53 AM
Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth

Elizabeth, the advantages of tenants in common are very good especially the one about relief from property management. Keep us posted as your book gets closer to release.

Oct 18, 2008 03:12 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hi C & Gary: Well, my book about short sales doesn't contain anything about tenants in common 1031 exchanges. :) That's just a little footer to accompany my blogs.

I've long held a fascination for the tenants in common ownership structure and find it a good way for some investors to buy property they otherwise could not afford on their own. What I don't know is how many investors can get together to buy a property before it is no longer deemed a real estate purchase but a securities.

elizabeth weintraub sacramento real estate agent in land park

Oct 18, 2008 03:20 AM
Tom Braatz Waukesha County Real Estate 262-377-1459
Coldwell Banker - Oconomowoc, WI
Waukesha County Realtor Real Estate agent. SOLD!

Elizabeth

In these type of transactions in reference to the IRS code 1031 does the individual party that is treating the purchase as investment rather than homestead property still have the option of Starkering this property along with others that compose their aggregate into bigger and more expensive purchases?

Sincerely

Tom Braatz 

Oct 18, 2008 04:34 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hi Tom: Yes, because it's not a partnership -- you receive a deed and title insurance for your fractional interest. I knew this topic would interest you. :)

elizabeth weintraub sacramento real estate agent in land park

Oct 18, 2008 04:42 AM
Mary Pope-Handy
Christie's International Real Estate Sereno - Los Gatos, CA
CRS, CIPS, ABR, SRES, Silicon Valley

Hi Elizabeth,

You raise a lot of good points, some I hadn't ever thought about. I mostly just worry that some of these companies will go under in the middle of a transaction - very scary!

Thanks for the warnings.

Mary

Oct 18, 2008 12:28 PM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hi Mary: I have an article on my site about buying as tenants in common as compared to joint tenants and get a ton of page views with the occasional email inquiry. The writers are almost always asking about investing in multi-million dollar deals, and they're not just a couple of friends who want to buy a house together, so I figured this was a good topic to include.

You can bet before I invested in a tenants in common project, I would want to see a successful track record and plenty of assets backing the company.

elizabeth weintraub sacramento real estate agent in land park

Oct 18, 2008 12:38 PM