Identification Rules
The replacement property must be identified in writing to the Intermediary with the forty-five day identification period which begins from the date of close of escrow for the relinquished property. The three identification rules are:
- The Three Property Rule- you may identify three properties of any value and buy one or more of the identified properties. This is the most popular rules and provides flexibility in valuation.
- The 200% Rule- you may identify as many properties as you like, but the total value of the property you identify cannot exceed 200% of the value of the property you sold (the relinquished property).
- The 95% rule-you may identify as many properties as you wish with no restrictions on value, but you are required to close on 95% of the properties you identify or the entire exchange fails.
The identification process is a key aspect of the exchange process and the success of the exchange depends on properly adhering to the identification rules.
