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Property terms can influence financing, taxes

Dear Steve,
What is the difference between primary, secondary and investment property?
-- Virginia

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Dear Virginia,
Typically, the terms "primary" and "secondary" in real estate lexicon are used to describe a homeowner's properties as either a "primary residence," which is a principal dwelling, or a "secondary residence," which can be a second home, vacation home, cabin or time share.

These definitions and distinctions are important to lenders, who may impose a larger down payment or other tougher lending restrictions on secondary homes.

Additionally, many special low-interest home-lending programs are available only for primary residences, although some extend to secondary residences. But they rarely extend to investment property, generally considered residential or commercial property that is being purchased for development, rental or resale.

In large urban areas, the tenants of rent-controlled apartments must convince their landlords that their rental unit is their "primary residence" or risk losing it.

The distinction between the three is also important in a tax-deferred 1031 Exchange. That's where a property investor sells investment real estate and uses all the proceeds to reinvest in another income property or properties, deferring that tax liability until a point where he or she decides to cash in the final asset -- often after several more 1031 Exchanges. In most such exchanges, the investors' primary or secondary properties are not eligible.

Additionally, the terms primary, secondary and tertiary are sometimes used in 1031 disclosure information to the IRS. Exchangers must identify three possible replacement-property options to the IRS within 45 days of the sale of their investment property in order for the deal to qualify for a 1031, and they must buy one at least one of those identified properties.

Another less-common use of the words primary and secondary in real estate comes in describing some lesser for-sale properties. For example, a property with age, condition or location problems such as highly restrictive zoning or polluted soil can make it considerably less desirable than a primary, or "prime property," hence making it a "secondary property."

 
-- Posted: Jan. 29, 2005
     

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