The Real Estate Swap Agreement is utilized when parties wish to exchange properties rather than conduct traditional buy-sell transactions. This document is particularly relevant in England and Wales, where it must comply with specific property law requirements. The agreement typically includes comprehensive property descriptions, valuations, warranties, and specific completion mechanisms. It's commonly used for portfolio restructuring, strategic property exchanges, or tax-efficient property transfers. The document must address both property law and financial regulations, particularly when the swap involves commercial properties or has investment characteristics.
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1. Parties: Identification and details of all parties to the swap agreement
2. Background: Context and purpose of the swap arrangement
3. Definitions: Key terms used throughout the agreement
4. Property Details: Specific details of properties being swapped including title information and property descriptions
5. Swap Terms: Core terms of the swap arrangement including timing, conditions and mechanics of the swap
6. Completion Requirements: Conditions precedent and process for completing the swap
7. Representations and Warranties: Standard property-related warranties from each party regarding their respective properties
8. Registration and Title: Provisions relating to land registration requirements and title transfer processes
9. Costs and Taxes: Allocation of transaction costs and tax responsibilities
10. Governing Law and Jurisdiction: Confirmation of English law governance and jurisdiction of English courts
1. Tax Provisions: Detailed tax arrangements and SDLT provisions when complex tax implications exist
2. Third Party Rights: Provisions relating to existing tenants, occupiers or other third party interests in the properties
3. Environmental Provisions: Environmental warranties, indemnities and obligations where environmental risks are identified
4. Planning and Development: Specific provisions relating to planning permissions and future development rights
5. Service Contracts: Provisions dealing with existing service contracts and their transfer
1. Schedule 1 - Property Details: Detailed description of both properties including title numbers, boundaries and plans
2. Schedule 2 - Title Documents: Copies of relevant title documents, plans and registered charges
3. Schedule 3 - Existing Tenancies: Details of any existing tenancy agreements and occupational leases
4. Schedule 4 - Property Searches: Results of local authority, environmental and other property searches
5. Schedule 5 - Valuation Reports: Independent valuations of properties being swapped
6. Schedule 6 - Completion Requirements: Detailed list of documents and requirements for completion
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