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Property Exchange Agreement Template for Ireland

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Key Requirements PROMPT example:

Property Exchange Agreement

"I need a Property Exchange Agreement for the exchange of two commercial properties in Dublin, with completion set for March 15, 2025, including provisions for an equalisation payment of €250,000 due to difference in property values."

Document background
The Property Exchange Agreement is a specialized legal instrument used when two parties wish to exchange their respective properties rather than conducting separate sale and purchase transactions. This document type is particularly relevant in the Irish property market where it must comply with the Land and Conveyancing Law Reform Act 2009 and related legislation. The agreement typically includes comprehensive details about both properties, any monetary adjustments (equalisation payments), title warranties, completion requirements, and tax implications. It's commonly used in both commercial and residential property transactions, particularly in situations where parties find mutual benefit in exchanging properties rather than traditional buying and selling. The Property Exchange Agreement streamlines the process by combining what would otherwise be two separate transactions into a single agreement, potentially reducing costs and complexity while ensuring all legal requirements under Irish law are met.
Suggested Sections

1. Parties: Identification and details of all parties involved in the exchange

2. Background: Context of the exchange agreement and brief description of the properties involved

3. Definitions: Definitions of key terms used throughout the agreement

4. Properties Description: Detailed description of both properties being exchanged, including title details and registered ownership

5. Exchange Terms: Core terms of the exchange, including any monetary consideration or equalisation payment

6. Title Warranties: Warranties regarding ownership and title quality for both properties

7. Completion Requirements: Conditions and requirements for completion of the exchange

8. Transfer Process: Step-by-step process for executing the exchange and transfer of properties

9. Costs and Taxes: Allocation of costs, stamp duty, and other taxes between parties

10. Risk and Insurance: Transfer of risk and insurance obligations

11. General Provisions: Standard contractual provisions including notices, governing law, and dispute resolution

Optional Sections

1. Tenant Provisions: Required if either property is subject to existing tenancies

2. Planning Permissions: Required if either property has pending or required planning permissions

3. Environmental Matters: Required if environmental issues or assessments are relevant

4. Mortgage Arrangements: Required if either property has existing mortgage or financing arrangements

5. VAT Elections: Required if VAT is applicable to either property

6. Service Contracts: Required if there are ongoing service contracts to be transferred

7. Development Rights: Required if development rights or potential are part of the exchange consideration

8. Agricultural Provisions: Required if either property includes agricultural land

Suggested Schedules

1. Schedule 1 - Property A Details: Detailed description, plans, and title documents for first property

2. Schedule 2 - Property B Details: Detailed description, plans, and title documents for second property

3. Schedule 3 - Incumbrances: List of any charges, mortgages, or other incumbrances affecting either property

4. Schedule 4 - Title Documents: List of title documents to be handed over on completion

5. Appendix A - Property Plans: Maps and plans of both properties

6. Appendix B - Planning Documents: Copies of relevant planning permissions and certificates

7. Appendix C - Search Results: Results of planning, environmental, and other relevant searches

8. Appendix D - Certificates: Relevant certificates including tax clearance and compliance certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions












































Clauses



































Relevant Industries

Real Estate

Property Development

Construction

Legal Services

Financial Services

Agriculture

Commercial Property

Residential Property

Urban Development

Land Management

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Commercial

Development

Investment

Operations

Finance

Risk Management

Relevant Roles

Property Lawyer

Real Estate Manager

Property Developer

Legal Counsel

Conveyancing Solicitor

Property Portfolio Manager

Asset Manager

Real Estate Director

Land Manager

Property Consultant

Commercial Director

Investment Manager

Facilities Manager

Development Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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