The New Mexico Exchange Agreement is a legal contract that facilitates the exchange of properties between two parties. It allows individuals or entities to defer capital gains tax on the sale of investment or business properties by reinvesting the proceeds into similar properties. This agreement falls under the Section 1031 of the Internal Revenue Code. A brokerage arrangement plays a crucial role in the New Mexico Exchange Agreement as it involves a licensed real estate broker who acts as an intermediary between the parties involved in the exchange. The broker holds the proceeds from the sale of the relinquished property in a qualified escrow account, known as the Exchange Accommodation Titleholder (EAT), until the replacement property is purchased. The New Mexico Exchange Agreement offers various types of arrangements to cater to different needs and scenarios: 1. Simultaneous Exchange: This is the most common type of exchange where the sale of the relinquished property and the acquisition of the replacement property occur simultaneously. The EAT facilitates the exchange by transferring the funds from the sale to acquire the replacement property on behalf of the exchanger. 2. Delayed Exchange: This type of exchange allows the exchanger to sell their relinquished property first and then identify and acquire the replacement property within a specific timeframe (generally 45 days to identify and 180 days to acquire). The EAT holds the funds from the sale until the new property is purchased, ensuring compliance with the IRS guidelines. 3. Reverse Exchange: In a reverse exchange, the exchanger acquires the replacement property first and then sells their relinquished property within the specified time frame. This type of exchange requires the EAT to hold the title to the acquired property until the sale of the relinquished property is completed. 4. Construction or Improvement Exchange: This type of exchange allows the exchanger to use the proceeds to build or improve the replacement property. The EAT holds the funds and ensures that the construction or improvements are completed within the allowed time frame. In conclusion, the New Mexico Exchange Agreement, Brokerage Arrangement is a crucial legal mechanism that allows individuals and entities to defer capital gains tax by reinvesting the proceeds into similar properties. With different types of arrangements available, individuals can choose the one that best suits their specific needs and circumstances.