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1031Exchanges, Oceanside California
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Selling Oceanside California property
Contact JoAnn Jordan, Principal Broker with 25 years experience, for extraordinary professional seller or buyer representation.

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1. What are the current tax law changes on "Gain from Sale of a Principal Residence" and how could it affect selling my Oceanside California real estate? 1. The August 5,1997 Taxpayer Relief Act eliminated the "once in a lifetime exclusion rules which have been replaced with new, and in most cases, more liberal rules for the treatment of gain on the sale of a principal residence.
  • Gain from the Sale of a Principal Residence: This part of the act allows the taxpayer to exclude up to $250,000 of gain ($500,000 for married couples filing a joint return) realized on the sale or exchange of a principal residence. The Act applies to any sale or exchange that occurs after May 6, 1997.
  • TO BE ELIGIBLE, the residence must have been owned and used as the taxpayers principal residence for A COMBINED PERIOD OF AT LEAST TWO (2) YEARS out of the five (5) years prior to the sale or exchange.
  • The prior law permitted a "once in a lifetime" exclusion of $125,000 of gain. UNLIKE THE PRIOR LAW, THIS EXCLUSION WILL APPLY EACH TIME THE TAXPAYER SELLS OR EXCHANGES A PRINCIPAL RESIDENCE, although...
  • The exclusion may not be claimed more frequently than every two years.
  • Also, unlike the prior law, the taxpayer is NOT required to acquire a replacement principal residence to claim the exclusion.

There are certain exceptions if a taxpayer has certain circumstances that require selling prior to the two year rule, and you may wish to research the rules at the IRS web site.

The information above has been obtained from a reliable source, but cannot be guaranteed and should be verified.
2.

If I sell my Oceanside California real estate, held as investment property, and I plan to keep the cash rather than exchanging for another property, what are the current Reduced Capital Gains Rates?

2.

*Investors should consult their CPA, Accountant or Tax Attorney before selling an investment property and keeping the cash or before entering into a 1031 Tax Deferred Delayed Exchange.
  • For property held more than 12 months, the sale of which occurred after May 6, 1997, and before July 29, 1997, the maximum rate of 20% will apply (10% for taxpayers in the 15% bracket)
  • For property held more than 18 months, the sale of which occurs after May 6, 1997, the maximum rate of 20% will apply (10% for taxpayers in the 15% bracket)
  • For property acquired after December 31, 2000 and held more than 5 years, prior to its sale, the maximum rate of 18% will apply (8% for taxpayers in the 15% bracket)
  • For property owned on December 31, 2000, a taxpayer may elect to be treated as a taxpayer who acquired property after December 31, 2000 for purposes of the 5 year rule and the 18% rate (8% for taxpayers in the 15% tax bracket).
You may wish to further research the capital gain rules at the IRS web site.
The information above has been obtained from a reliable source, but cannot be guaranteed and should be verified.

3.

Can an investor defer paying capital gains tax upon the sale of investment property by EXCHANGING for another property to be held for investment?

(Excellent replacement Oceanside California real estate is available.)

3.

YES, JoAnn is familiar with 1031 Tax Deferred Delayed Exchanges and has a page devoted entirely to this subject. Please click on link below.

1031 Exchanges, Oceanside California

4. How important is it that my Oceanside California real estate be correctly priced when listing to sell? 4. YES, this is extremely important during the first few weeks when the property receives the most interest from buyers. Market conditions should influence proper pricing...
  • First determine if it's a buyer's market, seller's market or a transitional market. Don't let emotional ties influence pricing. If a property is initially priced too high when first listed, it is likely to become "shopworn" and the longer it stays on the market, the less interest it will attract. In a buyer's market, pricing correctly is even more important since there will be a larger-than-normal amount of competing listings, fewer serious buyers, longer marketing time and decreasing sale prices. The buyers who view your property when it is newly listed (during the first few weeks) usually are the most serious and if it is overpriced they will expect more than what the home offers and quickly lose interest. OVERPRICED properties tend to result in a LOWER price when sold and take longer than usual to sell.
  • JoAnn will prepare a thorough CMA, Comparative Market Analysis showing what your property is worth as compared to similar properties , with active listings, pending (in escrow) and solds. She will complete this report within 24 hours of your request at no charge.
  • She normally recommends pricing the property in a "Value Range." For example, if the market is currently a Buyer's Market and similar homes in the area recently sold for approximately $300,000, then she may recommend a Value Range of $280,000 to $320,000.
  • However, each property is unique and other factors would also be considered in determining the range, such as: property condition, any upgrading or updating, terms offered, availability for showings & Open Houses for exposure and date a buyer could take occupancy.
5. Should my Oceanside California real estate be "Showcased" and what does this mean? 5. YES, Prior to listing the property, JoAnn will take digital color photographs and if you are an out-of-area owner, then JoAnn will E-mail, post photos on her web site or priority mail the photos for your review. The photos will show the property condition along with JoAnn's recommendations to correct any obvious problems which could prevent the property from selling at Top Dollar.

In a Buyer's Market there are three things that normally prevent a property from selling at Top Dollar in a reasonable time period:

  • The fixed listing price is too high; or the Value Range is too high;
  • The property is not sparkling clean; not in tip-top condition; has excess clutter in all rooms making the home seem smaller.
  • The property is difficult to show. (A lockbox should be allowed and showings allowed within a few hours of advance notice. Open Houses should also be held.A sign with a brochure box for fliers should be allowed in the front yard)

  • JoAnn offers to new clients a Gift of $350 toward either a thorough house cleaning to put the home in "Sparkling Clean" condition, including carpet cleaning and windows/screen cleaning; or
  • If the home doesn't require cleaning, but instead it needs repairs, then JoAnn will pay up to $350 for repairs using her recommended contractors and handyman.
View JoAnn Jordan, Realtor MARKETING PLAN on Selling page.
When comparing with other agent's, consider that the most important items when selecting an agent are: their MARKETING PLAN, the agent's experience, knowledge, professionalism and communication skills. The fact that one agent may state that your property can be listed for an amount excessively higher than a CMA, Comparative Market Analysis, indicates as its' value, should NOT be a consideration when selecting an agent. THE REALTOR CANNOT MAGICALLY FORCE BUYERS TO PAY MORE THAN THE MARKET DICTATES.
6. Should the owners point out their home's best features and be present during showings by Brokers? 6. NO, try to be absent if there is a showing appointment. The Realtor and buyers should arrive to view the home without feeling pressure from the owner ...who may want to follow them around pointing out features. This would only make an Owner appear anxious. It is best to create a relaxed atmosphere for the Buyers. Their Realtor will have the MLS listing and Property Fact Sheet to make them aware of any special features.
7. When I receive a Purchase Agreement from a Buyer which I may decide to Counter Offer, do I need to read all 8+ pages of the Purchase Agreement, Counter Offer, Addendums, Agency Disclosures and the many other Disclosures?

7. If you have selected a thorough and competent Realtor to represent you, then your agent will interpret the contract, provide negotiating recommendations and be sure that you do understand all documents before signing. The Purchase Agreement and Counter Offer are legally binding documents as well as the many other real estate documents. It is also recommended that you do study a blank Purchase Agreement, and Counter Offer form plus several other common real estate forms PRIOR TO RECEIVING AN OFFER to become familiar with the terms. JoAnn will be happy to forward forms to you for review.
Contact JoAnn Jordan, Principal Broker, Realtor, SRES, for extraordinary professional buyer representation.
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Contact JoAnn Jordan, Realtor, for extraordinary professional service. She will sell your property for "Top Dollar."
JoAnn Jordan, Realtor, with 25 years of experience, can sell your property for "Top Dollar."
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