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Real Estate Swap Agreement
"I need a Real Estate Swap Agreement to exchange my commercial office building in Manchester for a retail property in Leeds, with completion targeted for March 2025, including specific provisions for existing tenants in both properties."
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
Authors
Business Day
Completion
Completion Date
Encumbrances
Exchange Date
First Property
Second Property
Permitted Encumbrances
Property Documents
Property Rights
Relevant Property
Title Deeds
Transfer
Valuation
Valuation Date
Warranties
Property A
Property B
Swap Value
Balance Payment
Completion Requirements
Due Diligence Materials
Environmental Matters
Existing Leases
Land Registry
Material Contracts
Occupational Leases
Planning Permissions
Property Searches
Registered Title
Registration Requirements
Regulatory Approvals
Relevant Authority
SDLT
Title Matters
Transaction Documents
VAT
Definitions
Agreement to Swap
Property Description
Valuation
Title
Due Diligence
Conditions Precedent
Completion
Post-Completion
Warranties
Environmental Matters
Planning
Existing Tenancies
Property Contracts
Insurance
Tax Covenants
VAT
SDLT
Registration
Representations
Indemnities
Confidentiality
Notices
Force Majeure
Assignment
Third Party Rights
Severability
Entire Agreement
Variations
Costs
Governing Law
Jurisdiction
Dispute Resolution
Boilerplate Provisions
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