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Property Exchange and Swap Agreement

A completed exchange arrangement for two residential properties with valuations, a balancing payment, title conditions, conveyancing and completion mechanics.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# PROPERTY EXCHANGE AND SWAP AGREEMENT

Date: 15 January 2030

Parties: Helen Foster and Omar Rahman

## 1. Parties and purpose

Helen Foster of 2 Ash Grove, York YO10 4JP agrees to exchange her freehold house, 2 Ash Grove (HM Land Registry title NYK334455), with Omar Rahman of 18 Moor Lane, Leeds LS6 2PT, who owns 18 Moor Lane (title WYK778899). Each property is subject to its disclosed mortgage and standard searches.

## 2. Scope, price and subject

An independent RICS valuation dated 8 January 2030 values Ash Grove at £385,000 and Moor Lane at £355,000. Omar pays Helen a £30,000 balancing payment on completion, together with each party's own legal costs and half of the agreed Land Registry and search costs. Stamp Duty Land Tax advice remains each party's responsibility.

## 3. Operating duties

Each owner supplies title information, replies to enquiries, planning and building-regulation documents, EPC, guarantees and mortgage redemption figures. Completion is targeted for 28 February 2030 through the parties' conveyancers; vacant possession, keys and risk pass on completion, subject to agreed fixtures and the signed inventories.

## 4. Rights, records and compliance

The exchange is conditional on satisfactory title, searches, mortgagee consent and each party being able to transfer good and marketable title. Neither party may further charge or dispose of its property before completion. Existing mortgages are redeemed from completion money unless a lender expressly consents to an alternative arrangement.

## 5. Term, ending and remedies

If a material defect is found, the affected party has ten Business Days to remedy or agree a price adjustment. If consent is refused, title cannot be conveyed, or a party materially breaches, the innocent party may terminate and recover its properly evidenced costs; a deposit of £10,000 is held by the conveyancers as stakeholder.

## 6. Liability and reservations

After completion each owner is responsible for its property, taxes, insurance and utilities. The parties give no warranty about future value or condition beyond their replies and inspection opportunity. Fraud, deliberate concealment and non-excludable statutory liability are not limited.

## 7. Governing law and signatures

This agreement is governed by the law of England and Wales and its courts have exclusive jurisdiction. Helen and Omar sign on 15 January 2030 after independent conveyancing advice, acknowledging that the transfer deeds and Land Registry applications are separate formal documents.

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