菜鸟问题：“交换合同”是个什么概念？

joen

那位好心人给解释一下。

binnie

Exchange contracts

Before exchanging contracts it is wise to ensure that you have unconditional approval of your finance. This may involve your lending institution obtaining a valuation of the property which can take up to 5 days.
On exchange of contracts a deposit of 10% by cheque (personal or bank) is required. Deposit bonds are becoming frequently used in lieu of cheque deposit. Your broker/lending institution will arrange deposit bond.

Exchanging contracts is the legal process of buying property. There are two copies of the contract for sale, one for the Purchaser and one for the Vendor. The contracts are identical and are signed by each party then swapped or 'exchanged'. The contract is then binding on both Purchaser and Vendor.

binnie

CHECKLIST FOR EXCHANGING CONTRACTS
The process of exchanging contracts is a very important one. Care should be taken that the
following procedure is followed carefully, otherwise it could be held that contracts may not
have been exchanged.
1. Obtain both copies of the contract. They can be the original copy and the counterpart
prepared by the Solicitor, or they can be photocopies of the contract.
2. Before proceeding check the contracts page by page to ensure they are identical.
3. Check that all documents that should be appended are actually there. The list of appended documents are set out on page 2 of the standard form of contract.
4. Have the purchaser write their name and other details, and their solicitor details on a separate piece of paper and then copy their details to both copies of the contract. Ensure the
details are the same on both copies.
5. Check the list of contents with the vendor and add any contents not on the contract. Do
not write outside the heavy black box.
6. Enter the purchase price, the deposit (10%) and the balance owed on both copies. Do not
vary the deposit amount unless authorised by the vendor’s solicitor.
7. Do not alter any clauses or add any clauses without the Vendor Solicitor’s/Conveyancers’s
permission.  This includes the settlement term on the front page.
8. Have both the purchaser and the vendor sign one contract each on the frontpage. Tradition is that the vendor signs the original contract and the purchaser the copy. It is prudent
practice to have each party initial every page of the contract and any alterations made to
the contract as presented by the vendor’s solicitor/conveyancer.  This includes the changes to the inclusions and exclusions and the purchase price.  Some agents have both parties
sign and initial both contracts.
9. If the contracts have been out of your possession after you have checked them under
Clause 2 above, then check again that they are identical.
10. Have both parties sign the relevant “Authority to Exchange”.
11. Advise both parties that you now intend to exchange contracts. If a “Cooling Off period “
will exist reiterate this. If the contract is being exchanged with a 66W Certificate then advise
both parties that there is no cooling off period. Then physically exchange contracts.
12. Date the contracts and then advise both parties that contracts have been exchanged. If
one or both parties are not present at the exchange then call them at let them know you
have exchanged the contracts.
13. Make arrangements to send the contracts to the respective solicitor/conveyancer ASAP
but no later then 2 days. If either party are taking the contracts then have them sign a receipt acknowledging they will take the contract to their solicitor/conveyancer ASAP,

joen

原帖由 binnie 于 4-12-2011 20:06 发表

                               
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Exchange contracts

Before exchanging contracts it is wise to ensure that you have unconditional approval of your finance. This may involve your lending institution obtaining a valuation of the pro ...

谢谢！那么请问，交换合同与申请贷款的正式批准，哪个在前面？

MillerYang

有合同才正式批贷款