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TIC Deal Structuring

Law & Accounting Offices of Stanley F. Bronstein
Scottsdale, AZ 85260
Phone: (480) 797-5547

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A Tenancy In Common ( TIC )is defined as a type of joint tenancy of property without right of survivorship.  Each co-tenant's portion of ownership is distributable under a will and does not pass to the other co-tenants unless otherwise provided.

TICs are often used in real estate transactions by groups of investors, who:

  • have sold their own separate properties and then want to group together to purchase a larger property, yet still do a 1031 tax deferred exchange (we refer to this as TIC'ing In)
  • may not be coming in from a 1031 tax deferred exchange, but want to set up their deal in such a manner than when they sell the property, each of the individual investors can do their own respective 1031 tax deferred exchange, without having to get all the owners to agree on investing in the same replacement property (we refer to this as TIC'ing Out)
  • want to retain individual control in proportion to their respective ownership interest in the property
  • simply can't afford to buy a property by themselves, so they need to group together with other investors, yet they still want to accomplish a 1031 tax deferred exchange

There is an entire industry of large companies that put together their own TIC deals and market them to investors.  Most of these companies are reputable, but we strongly advise you to seek competent legal advice before you enter into one of their deals.

The types of TIC deals we structure are typically "private" deals in which they are not to be marketed to the general public.  Instead, it is simply a group of investors who already know each other who are trying to put together their own deal.  This is where our firm's expertise, as both attorneys and as a CPA can be extremely valuable.

If you think you want to, or need to put together your own TIC deal, the time to call us is in the beginning.  Careful advance planning can often resolve most issues in a favorable manner.