A Real Property Exchange Agreement is utilized when two parties wish to exchange ownership of real properties rather than conducting separate sale and purchase transactions. This document is essential under English and Welsh law when parties prefer to trade properties instead of engaging in monetary transactions. The agreement includes detailed property descriptions, title warranties, completion obligations, and any equalisation payments required. It ensures compliance with the Law of Property Act 1925 and Land Registration Act 2002, while addressing tax implications under the Stamp Duty Land Tax Act 2003.
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1. Parties: Details of the parties exchanging properties, including full legal names and addresses
2. Background: Context of the exchange and brief description of the properties involved
3. Definitions: Key terms used throughout the agreement
4. Properties Description: Detailed description of both properties being exchanged
5. Exchange Terms: Core terms of the exchange including completion date and conditions precedent
6. Title Warranties: Warranties regarding ownership and title to the properties
7. Completion Obligations: Actions required by each party upon completion
1. Equalisation Payment: Terms for any monetary payment to equalise different property values - used when properties have different values
2. Tenant Provisions: Provisions relating to existing tenancies - used when properties have existing tenants
3. Environmental Provisions: Specific environmental warranties and indemnities - used when environmental risks are identified
1. Schedule 1 - Property Plans: Official plans showing boundaries of both properties
2. Schedule 2 - Title Documents: Copies of title registers and plans
3. Schedule 3 - Existing Tenancies: Details of any existing lease agreements
4. Schedule 4 - Property Information Forms: Standard property information forms completed by each party
5. Schedule 5 - Environmental Reports: Any relevant environmental surveys or reports
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