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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.
Formalities: Formalities can be stipulated by the parties themselves or be prescribed by law, for example, the contract needs to be in writing and undersigned by both parties. These requirements must be complied with. Legality: The agreement must be lawful; it should not be prohibited by statute or common law.
The reason for this is primarily a practical one: whilst it may be quicker and, in the short term, cheaper (it is usual for the buyer to pay a deposit of around 10 per cent at the point of exchange) to move directly to the transfer stage of the transaction, entering into a contract for the sale and purchase with the
Contracts must be in writing A valid contract for the sale of land must be made in writing. Writing includes typing, photography and other modes of reproducing words in a visible form.
How to write a real estate purchase agreement.Identify the address of the property being purchased, including all required legal descriptions.Identify the names and addresses of both the buyer and the seller.Detail the price of the property and the terms of the purchase.Set the closing date and closing costs.More items...