Sunday, October 30, 2005

1031 LIKE-KIND EXCHANGES an Overview

Like-Kind Exchanges: What Are They?

The "official" definition of a 1031 Like Kind Exchange is a transaction that involves property held for productive use in a trade or business or for investment (except inventory and stocks and bonds) for property of the same type. Unless different property is received (called boot), the exchange is nontaxable in the current year. Generally, if you exchange business or investment property solely for business or investment property of a like kind, no gain or loss is recognized under section 1031.

At 4TERRA, The Eco-Steward Real Estate Company, we define the 1031 Like Kind Exchange as pure possiblity~

Think about farmland out by pastoral Mars Hill, North Carolina for example. You could trade in your apartment complex in a city full of smog, create a land legacy in the moutnains near Asheville,possibly even set aside 10 acres for your private residence, and be totally delighted.

Keep in mind that the regulations concerning section 1031 DO give specific examples of what is or is not like-kind, so it is wise to seek the counsel of your attorney and CPA while you and I are out locating the replacement properties. Let's look at a few wyas this could happen.

Scenario One: Here a like-kind exchange is the simple swap wherein you trade 130 acres that you own in North Florida for a purchase of 130 acres of fantastic beauty we currently have listed here in Western North Carolina. Of course, in reality, it is quite unusual for a seller and the buyer to have exactly the same properties, so that is where the tax deferred exchange comes in handy. In this case, I advise my clients to find a Qualified Intermediary. Let me explain.

Rather than simply selling your investment property and yourself organizing the purchase of the replacement property you can select an Intermediary. If you were to control the funds from the sale and the constructive receipt, you would also trigger capital gain tax. That tax could be 20% of the gain recognized by the sale due to appreciation of the property on my original cost (basis). Higher tax rates could be triggered by depreciation. So, in order to avoid this capital gain tax when you divest your horse farm California, to replace it with a sweet pastured land near Burnsville, (Greater Asheville area) North Carolina you can utilize a qualified intermediary who will help facilitate the exchange and avoid the constructive receipt of the proceeds from the California farm.

Folks with whom I have worked tell me that they much prefer the Deferred Exchange.

A deferred exchange occurs when the property received in the exchange is not received at the same time as the transfer of the property given up. For a deferred exchange to qualify as 1031 Like Kind Exchange, you must comply with the 45-day written notice and receipt requirements.

This gives my clients (and me) a little more time to find just the “right” investment property. Here is where a QUALIFIED INTERMEDIARY really comes in handy. Under the 1031 regulations, s/he enters into a written exchange agreement with you to help facilitate an exchange. Of course, this person cannot be one of your family members, your employees, your real estate broker, or your investment banker. Not to worry, I can refer you to a qualified intermediary if you choose to use one..

Scenario Two:

Let’s say that you and I have found just what you are seeking and that you have signed the contract for the sale of your little organic farm in North Buncombe County --about 25 minutes easy drive fromthe center of Asheville--(your relinquished property.) You then assign that contract to the qualified intermediary you have chosen from the referrals I gave you, and you set in motion two (2) clocks! We (as a team) must keep these two clocks in mind! They run constantly through weekends and holidays.

The first clock gives you a short forty-five (45) days to find a "replacement property." We need to pay close attention, so be sure to let me know well in advance so that I (or the Broker you choose) can be available for you during this crucial time.

Now about that second clock: The second clock requires you to close on your replacement property within 180 days, or when tax returns are due for the year that your relinquished property was transferred. That may seem like a lot of time, but you know how time flies, so be prepared.

I enjoy the Hunt for the Replacement Property. The hills and mountains and “hollers” here in the Asheville area are full of special treasures. It is a real thrill to find them. Once we do find your replacement property, remember, you will have to deliver to your qualified intermediary a clear description of that property. I can help with that.

1) We can make sure that there can be no way that the property can be confused with another property.

2) We can identify up to three (3) properties of any value, or more than three (3) properties, so long as the total fair market value does not exceed 200% of the fair market value of what you are relinquishing.

A general rule you may choose to consider is that the replacement property should be equal or greater in value, debt, and equity, and if your replacement property is less than you may well have a tax liability on the difference. So that's my BLOG overview of the basics involved in like-kind exchanges. It is important to seek professional guidance as early in the transaction as is possible.–

If you are looking for residential, farm and estates, vacant land, mountain getaways, 1031 Like-Kind Exchangeyou can count on me and my team at 4TERRA, The Eco-Steward Realty to serve you well. What do I mean by “served well”? First, it means that we maintain a co-brokerage arrangement with all other real estate firms in the area, and we have complete information and can show all properties currently on the market.

We treasure the heritage of the mountains and valleys, knolls and “hollers” in Western North Carolina. Accordingly, we are sensitive to conscious development of our area.

Next, the 4TERRA TEAM offers a wide variety of real estate services to both buyers and sellers for all types of properties: residential, farm and estates, vacant land, bed and breakfast, mountain getaways, commercial and1031 Like-Kind Exchange investment opportunities. We are also available for consultation in development, conservation and restoration.

Thursday, October 27, 2005

intuition and investing 


“In these complex times, with life moving at a speedy pace, Grandmother Wisdom is at a premium, “ says janeAnne Narrin, author of several books on the subject.

“Are there quick and easy answers to the difficult questions before us? Possibly not, but it would be comforting at least to know which way to turn when we are feeling overwhelmed with information and confused by too many options. We could depend on others for advice, however, what does this do to our own sense of competence?"

“By using our intuition,” Narrin says, “ we can reclaim our own power. . .”

In WOMAGINEERING, a virtual workshop for real estate investors, janeAnne Narrin, M.A., C.S.W. e-PRO and ECO Task Force REALTOR®, in a celebration of November as Feminine Energy Month, offers a 3-Day virtual workshop on re-connecting with intuition and a sense of control over the choices women make in investing in their lives.

Embracing Wisdom and Wellness
Creating the Space to Appreciate Your Self/SELF
Giving Expression to the Creative Impulse
Investing in Legacies

Knowledge that springs from an expanded sense of awareness.

JOIN US in this celebration of Feminine Energy Month.

You will receive three(3) EXPERIMENTS ..to harness the power of your intuition.

REGISTER TODAY for this complimentary offering at

janeAnne Narrin is the author of several books of poetry and nonfiction one of which won the Coalition of Visionary Retailer's Visionary Award/ Alternative Health (1ST Runner-up, Best Alternative Health Book of 1999).

A resident of Asheville, North Carolina, janeAnne is a longtime consultant, who is involved in stewardship for real property, sustainability, healthy-built homes, and the creation of private trusts for the preservation of exquisite lands. (See www.janeAnne.com). The former guidinglight for a major executive search firm, she currently heads a team of brokers and resources engaged in mindful real estate transactions.

Tuesday, October 25, 2005


Not long ago someone approached me with a very good question. “How come you like your work so much?” she asked. I answered that it presented me with a sense of adventure and novel experiences within the framework of a lucrative practice where stewardship of historic properties here in the Asheville area, and stewardship of old Appalachian farmlands and beautiful terrains inspired me. I am a Broker and Resource Person for land legacies and mountain homes in the very spirit of the Appalachians! Later had a few more thoughts on the subject.I emailed my client concerning the impact of the organization with whom I associate, and its philosophy. I feel this organization contributes to the satisfaction I feel in my real estate consulting practice.

I pointed out that 4TERRA~ Asheville 1031/Eco-STEWARD Realty, where I hang my hat, has an unique approach when it comes to the practice of real estate in the Greater Asheville, North Carolina area.
This firm successfully keeps in mind the importance of the entire process.


Let's be realistic....most REALTORS® have the same resources for finding you a real estate investment property/land legacy/ home—They check the MLS, they look for FSBOs, and they hope to find something that way. Some REALTORS® go the "extra mile"...they use their word-of-mouth network and contacts within the industry to help meet client needs. If you find a hard-working REALTOR®, a professional person you like to work with who extends even more energy into the process, stick with that person. Your loyalty will pay off for you. Remember, in the "big picture" how YOU fit into the puzzle is important.


Investors interested in residential properties and/or land legacies here in the Appalachians of Western North Carolina might present REALTORS® with a mighty challenge if they are not clear on their list of "must-haves"! Luckily, 4TERRA~ Asheville 1031/Eco-STEWARD Realty, is an E-PRO business, http://www.epronar.com/whyuseepro.htm where special data-mining and Internet techniques mean better information for clients who are interested in identifying properties that meeting their criteria.

After clients evaluate their parameters and tell 4TERRA exactly what the choices are, 4TERRA designs a game plan that works to produces results. And, in terms of design, an attractive tool 4TERRA offers is the “Design Your Dream” survey. Here's an efficient way to set forth your criteria and make your choices known: the CHOICES CHECKLIST. Take it and have fun with at:
http://www.janeanne.com/survey.asp. .

There are so many issues when it comes to investing in real properties If, for example, you are doing a 1031, http://www.janeanne.com/resources.asp what you offer your REALTOR® in the way of CHOICES also happens to be time-sensitive. So there is an added element to consider. Possibly you are rolling properties into and out of a Self-Directed IRA, you need to have wide vision. That’s when it is important to have a REALTOR® who keeps in close communication with you on appreciation rates and viable locations for investment. If you are seeking a second home, where knowledge of value of properties from the standpoint of location, views, and amenities, what would you do without your famous, dependable REALTOR® who operates on the 4TERRA Plan?

Over the years, 4TERRA~ Asheville 1031/Eco-STEWARD Realty has demonstrated success in many complicated transactions especially in closing challenging, time-sensitive transactions. We are known for making winning offers, and for client communication during the due diligence period, That's when inspections, perc tests, surveys, appraisals, disclosures, and repairs, just to name a few...all must be translated into action and the results conveyed in order to come to a smooth closing event. …In this regard, 4TERRA'a clients often mention how much they appreciate the liaison aspect throughout the entire transaction. 4TERRA~ Asheville 1031/Eco-STEWARD Realty requires an attitude of caring within a partnership relationship.

THE DIFFERENCE: We try to broker "happy" real estate transactions. And that's one standout factor not only I, but you will appreciate that demonstrates the 4TERRA Difference.


Sunday, October 23, 2005


"If you think you're too small to make a difference,
you've never been in bed with a mosquito."

Saturday, October 22, 2005

How to Find and Team Up with an "Eco-Sensitive"

When it comes to serious decisions that impact your life, like investing in real property, authentic communication and teamwork is a MUST. And this is especially true if you are a person who wants to provide your family with a healthy-built home and/or create a land legacy in a private trust. Not all people who work in the field of real estate are familiar with the ins and outs of land brokerage...streams and wells and timber and perc tests and surveys and such. . Not all real estate agents are knowledgeable when it comes to eco-systems or toxic substances inside and outside the home and how they may affect your health.

But if you have authentic communication with your Broker, everyone involved in a real estate transaction can benefit. So I' d like to share the following valuable tool . You can use it to assess your potential REALTOR® in terms of establishing a mutually beneficial working relationship.


Rate responses from 1 to 5 (1 = So-So and 5 = Super). Then add up the total.
Your REALTOR® should have at least 70 points

1.How do you like the Real Estate business? What do you like most about it? Are you interested in standards
for sustainability and environmentally-friendly building?

2.Are you a REALTOR® who is a member of the Board of REALTORS?
Do you take classes every year?And what were your last two classes?

3.Tell me a little bit about your background in Real Estate.

4.What can you tell me about NC Healthy-Built Homes, Energy Star Ratings,
and resources in the Greater Asheville area for Green Buiulding?

5.If I am investing in property in your area, do you represent me as the "Buyers' Broker"?
(It is IMPORTANT to know whom your agent represents at all times.)
Do you have a brochure to explain the Law of Agency?

6.What can you offer me as my Real Estate Consultant/Broker in terms of
knowledge, background and education in the field of environmentally-friendly
real property investments?

7.Do you specialize in any market areas/geographical areas?

8.Do you work by referral and/or appointment only? Could you set aside time to accommodate my schedule?

9.During the process of buying/selling how and when will you work with me?

10.I’ve told you about my buying/selling needs…
What is your understanding of what I need?
(Has the person you are interviewing listened to what you have said?)

11.Tell me about your marketing and advertising program.

12.Are you a Member of the MLS System? Will my residential property or acreage
be listed on the MLS System?

13.Do you provide computer-based consulting and analysis? AND how does this work?

14.Do you have a personal/ office website? ...or both?

15. How familiar with the Internet are you? Are you an E-PRO? (A designation of the
National Association )

16. Would you create a page on your company web site
for my property if it were listed with your firm?
Can you set up virtual tours?

15.Do you work with REALTOR.com? Do you have national market coverage?

16.Will you hold an open house for other agents?
(Most professional agents don't hold open houses for the public
because statistically open houses do not attract serious buyers.)

17.Do you provide a professional sign?

18.Can you refer me to an attorney to prepare all legal documents?
(This is the LAW in North Carolina)

19.What’s one of your favorite Real Estate stories?

20. What's your overall impression of my situation?…

TOTAL _______

You can only select one REALTOR®, i.e. can only sign a contract with one...so feel free to use and share this questionnaire with your investor friends. You deserve the "right" REALTOR® for YOU.

All the Best,
janeAnne, Principal Broker, 4TERRA~ The Eco-Steward Realty
in the Appalachians near Asheville

Wednesday, October 12, 2005

A note to my readers

As a REALTOR®, professional educator, author, and parent, with deep roots in the Appalachians, I find the National Association of REALTORS'®Code of Ethics reminder that "...under it all lies the land…." has special meaning for me as it may also for you.

It’s easy to be IN nature here in the valleys and mountains—hiking, horseback riding, sharing celebrations by fireside under the stars. Folks will tell you that Western North Carolina's rivers, streams, waterfalls, mountains and (under it all) the land, surely must be a “little piece of heaven and earth.”

My clients affectionately refer to me as their "green REALTOR®" because I am so attracted to the beauty of nature here. I love the idea of investing in it, and keeping it safe for future generations. I also like to think that we DO, you and I, have the opportunity to leave a vibrant, living legacy.

If you value this concept, and choose to invest today for today and for the future, I can help.

Whether your heart’s desire is land adjacent to the National Forest with streams and mountain views, a family destination or mountain estate, a horse farm, or a signature home in a Gold Medal winning mountaintop community, you can count on me for friendly, responsible, and thoughtful representation.

In addition, I will be happy to put you in touch with professionals who can offer legal advise, financial expertise, and estate planning. You can look at 1031 Like Kind Exchange benefits and tax minimization, or create a foundation to preserve this “little bit of heaven and earth” and give back to the community and to the world.

Ask me about Eco, Planned, and Golfing Communities all complementing our incredible natural terrain here in Western North Carolina.

And/or if your Dream Home is on the horizon, ask me about a comfortable, well designed, technologically advanced and environmentally friendly place to make those dreams come true. I look forward to meeting you , and hope you will START by visiting the survey right here http://www.janeanne.com/survey.asp that can help me understand your plans.

All the Best,

Sunday, October 09, 2005

Environmentally Sensitive Development in the Asheville Area

Here in the Greater Asheville area you will find a good number of developers who are "environmentally sensitive" . They are concerned not only with being very gentle with the incredible land in our Western North Carolina mountains for future generations, but in building homes that are "healthy" for their inhabitants. This is a growing trend not only in Asheville, but across the nation. Parents want to know that their kids are playing on carpets that are not full of toxins, for example, and that desire encourages healthy choices.

The emergence and an increasing marketability of a new style of land development has taken place over the past twenty years or so. Whether referred to as “green,” “sustainable,” or “environmentally sensitive,” the new approaches to home and land development have one characteristic in common: they are designed and marketed to balance environmental protection with economic return. In fact, energy efficient "green" homes have excellent resale value.

We at the 4TERRA TEAM specialize in working with folks who are interested in healthy choices.

As a Real Estate consultant with a special awareness, I try to practice what I think works. Our own home is environmentally sensitive and I can tell you it is a real pleasure to have worked with a builder who knew the principles of green infrastructure planning! Our acreage with its energy efficient home is attractive to the eye and the pocketbook. And it didn't cost us more to build it in a way that planned for sustainability.

Since a focus of the 4TERRA business is Private Land Trusts, weI try to provide good information about both indoor and out-of-doors factors that influence decision-making including the ecological, hydrological features that project reviewers look for when determining the environmental suitability of a proposed real estate project. These factors govern the ability of investors in real property and developers to incorporate desired resource conservation features in proposed projects.

6 Things That "Environmentally Sensitive" Planning Can Do for YOU

1.Reduce Utility and Maintenance Costs by 60 to 75 Percent

2.Save Time, Reduce Labor Crews and Improve Accuracy of Construction

3.Increase Resale Value and Generate Much Free Publicity for Your Real Estate Investments

4.Dramatically Reduce Environmental Impact - Promoting Energy Independence

5.Spend Less Every Month to Own and Operate Your Home or Building

6.Avoid Mold, Mildew and Toxic Indoor Air

If you are interested in learning more about NCHealthyBuilt Homes and/or in Private Land Trusts, I welcome your inquiries at natureWalker@janeAnne.com

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