Historically, exchange of contracts would be carried out by the solicitors in person, however these days the act of exchanging property contracts is conducted by verbal agreement over the phone, with the hard copy contracts being posted out immediately after this.
Every contract, whether simple or complex, is considered legally enforceable when it incorporates six essential elements: Offer, Acceptance, Awareness, Consideration, Capacity and Legality. It is critical that all six elements are present—just one missing element can make a contract invalid and unenforceable.
It is called “exchange of contracts” because the buyer and seller each sign an identical copy of the contract and these copies are then formally exchanged by their conveyancers. You do not need to be present at this time.
Exchange Agreements. Introduction. Parties enter into an Exchange Agreement in order to exchange tangible goods, intellectual property, real property or securities. An Exchange Agreement may arise from an independent business arrangement or be part of a merger, acquisition, reorganization or other business transaction.
The five elements of an enforceable contract are as follows: Offer. Acceptance. Awareness. Consideration. Capacity.
However, to be legally binding, a contract must include four key elements: an offer, acceptance, consideration, and an intention to create legal relations.