Exchange Of Agreement Meaning
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FAQ
The buyer and seller have agreed which fixtures and fittings will be included in the sale. The buyer has organised a buildings insurance policy to begin on the day of exchange. The buyer and seller have agreed a completion date for the sale. Both buyer and seller have read, understood, and signed the contracts.
A written agreement between the exchanger and the Qualified Intermediary (QI) defining the transfer of the relinquished property, the ensuing purchase of the replacement property, and the restrictions on the exchange proceeds during the exchange period.
At exchange: Both parties' solicitors are in possession of a signed contract. The seller's solicitor also holds the signed transfer of title deed (TR1 form) The buyer's solicitor is in possession of cleared deposit funds, a mortgage offer and buildings insurance policy, if required.
If they do not complete within two weeks, the seller rescinds their contract and the buyer forfeits their deposit. The seller can resell their property to someone else and may pursue the buyer for losses incurred if they cannot achieve the same sale price.
Exchange of contracts is when the two legal firms representing the buyer and seller swap signed contracts, and the buyer pays a deposit. At this point, an agreement to buy or sell a property becomes legally binding: once the buyer and the seller have exchanged contracts, they can't back out of the deal.