• videocam Live Webinar with Live Q&A
  • calendar_month December 8, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Real Estate - Finance
  • schedule 90 minutes

Maximizing 1031 Exchanges While Minimizing Ethical Violations and Malpractice Risks

Conflicts of Interest, Competence, Engagement Letters, Withdrawals, AI and Qualified Intermediary Best Practices

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$294.95
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Discount expires 11/24/26

This course is $0 with these passes:

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About the Course

Introduction

This CLE course will examine requirements, structures, and drafting strategies for Section 1031 like-kind exchanges. Through real-world examples and analysis, our panel will examine ethical pitfalls, including conflicts of interest, scope of representation, engagement letters, withdrawal scenarios, and more. Time will be spent assessing the ethical vulnerabilities around qualified intermediaries and AI. Our faculty will share transaction best practices to help attendees complete successful exchanges while minimizing the risk of malpractice and ethics violations.

Description

Section 1031 like-kind property exchanges have significant tax benefits, allowing a taxpayer to defer and possibly avoid taxes on the sale of certain property by buying a replacement property. Deferring capital gains tax makes 1031 exchanges a powerful tool and a common transaction for real estate investors.

A 1031 exchange is fraught with strict requirements and timing is critical. Given the complicated nature of these transactions, it is important that counsel and their clients understand how to navigate the process. As the year closes, deal volume will be high and timelines tight, creating a situation ripe for transactional mistakes and potential ethical issues. 

During this presentation, designed for intermediate to advanced practitioners, our esteemed faculty will outline what property qualifies as like-kind property and the parties to an exchange and their roles—including duties and where ethical complications might present themselves, such as conflicts of interest and scope of representation issues. Time will be spent discussing the four main types of exchanges, required documentation and drafting strategies, and ethical pitfalls counsel should be aware of, including risks associated with relying on AI during a transaction and issues related to qualified intermediaries.

Listen as our authoritative panel covers the tax laws governing 1031 transactions and the applicable rules of professional conduct practitioners must follow. Through real-world examples, you'll learn how to avoid common tax compliance blunders and ethical pitfalls for your next 1031 exchange and beyond!

Presented By

Bradley T. Borden
Professor of Law
Brooklyn Law School

Professor Borden’s research, scholarship, and teaching focus on taxation of real property transactions and flow-through entities (including tax partnerships, REITs, and REMICs). He teaches Federal Income Taxation, Partnership Taxation, Taxation of Real Estate Transactions, and Unincorporated Business Organizations, and he is affiliated with the Dennis J. Block Center for the Study of International Business Law. His work on flow-through and transactional tax theory appears in articles published in law reviews including Baylor Law Review, University of Cincinnati Law Review, Florida Law Review, Georgia Law Review, Houston Law Review, Iowa Law Review, Tax Lawyer, and Virginia Tax Review, among others. His articles also frequently appear in leading national tax journals including Journal of Taxation, Journal of Taxation of Investments, Real Estate Taxation, and Tax Notes.

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Chris Fenolio
Partner
Weller Partners, LLP

Mr. Fenolio practices real estate law and advises on income tax aspects of real estate transactions. He has over a decade of experience in real estate law, tax law, and managing real estate investments, including extensive experience in acquisitions, dispositions, transfers, exchanges, leases, financing, due diligence, developing financial models, drafting and reviewing investment memoranda, managing the closing process, contract negotiation, valuation, and asset management. Mr. Fenolio previously represented flow through investment partnerships in transactional matters at PricewaterhouseCoopers LLP and Deloitte Tax LLP. He also worked in investment management for one of the top 100 commercial real estate owner-operators.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

  • An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, December 8, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Section 1031 like-kind property exchanges review

A. Overview of tax benefits

B. Defining qualifying property and like-kind property

C. Identifying replacement properties: strategies and descriptions

D. Exchange participants and their roles

E. Section 1031 like-kind property exchange process: steps and key deadlines

II. Simultaneous, delayed, and safe-harbor reverse exchanges: distinguishing exchanges and understanding where mistakes and filing risks arise

III. Transactional agreements: exchange and assignment agreements and drafting strategies

IV. Ethical issues that may arise when advising clients undertaking transactions that may qualify for Section 1031 treatment

V. The scope of attorney engagement in Section 1031 exchanges, Model Rule 1.2 and 1.18

VI. Identify potential conflicts of interest in Section 1031 exchanges, Model Rule 1.7-1.10

VII. Other ethical issues that may arise in a 1031 exchange including

A. Qualified intermediaries: perils of inadequate vetting, fee sharing, and more

B. Competence, AI, and required disclosures: Model Rule 1.1, 1.2, 1.6, 5.5, and more

C. Withdrawals and Model Rule 1.16: when and how to withdraw, continuation of representation in other matters, and more

The panel will review these and other important issues:

  • What are the four main types of like-kind property exchanges, when should each be used, and how do they differ?
  • What are the tax benefits and key requirements of a Section 1031 exchange, and who are the participants in an exchange?
  • What are the unique provisions and drafting considerations related to the exchange and assignment agreements?
  • What kinds of conflicts of interest can arise in a 1031 exchange transaction, and what strategies can practitioners take to discover and avoid conflicts of interest?
  • Can conflicts of interest be waived in a 1031 transaction setting, and if so, how?
  • What should practitioners include in a 1031 engagement letter?
  • How can reliance on QIs and AI lead to legal complications and ethical violations?
  • What do practitioners need to disclose about QIs, referral fees, and AI in their engagement letters?
  • When should practitioners consider withdrawing, and what are best practices for doing so ethically?