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Property Swap Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Property Swap Agreement

I need a Property Swap Agreement for exchanging a commercial warehouse in Dubai Industrial City with a retail space in Downtown Dubai, with completion planned for March 2025; one party is a foreign corporation, so foreign ownership restrictions must be addressed.

Document background
A Property Swap Agreement is utilized when two or more parties wish to exchange ownership of real estate properties in the UAE. This specialized agreement type must comply with UAE federal laws and emirate-specific regulations, including requirements set by the respective Land Departments and municipalities. The document covers essential elements such as property descriptions, valuations, title transfer procedures, and any monetary adjustments if properties have different values. It's particularly important in the UAE context due to specific requirements for property registration, foreign ownership restrictions, and local property transfer procedures. The Property Swap Agreement includes provisions for due diligence, warranties about property condition and ownership, and specific completion requirements under UAE law. It's commonly used in both commercial and residential property transactions where traditional sale and purchase arrangements are not preferred or beneficial to the parties involved.
Suggested Sections

1. Parties: Identification of the parties exchanging properties, including full legal names and details

2. Background: Context of the swap arrangement and brief description of the properties being exchanged

3. Definitions: Key terms used throughout the agreement, including property definitions, completion date, and relevant legal terms

4. Properties Description: Detailed description of both properties including location, size, and registration details

5. Exchange Terms: Core terms of the property swap, including timing and conditions for exchange

6. Representations and Warranties: Each party's declarations regarding their property ownership, condition, and authority to exchange

7. Completion Requirements: Steps required to complete the swap, including registration and documentation requirements

8. Costs and Taxes: Allocation of transfer fees, registration costs, and any applicable taxes

9. Title and Registration: Provisions regarding clean title transfer and registration procedures

10. Risk and Insurance: Transfer of risk and insurance requirements for both properties

11. Default and Remedies: Consequences of breach and available remedies

12. Governing Law and Jurisdiction: Specification of UAE law application and dispute resolution procedures

Optional Sections

1. Valuation Adjustment: Required when properties have different values and monetary compensation is involved

2. Mortgage and Encumbrances: Needed if either property has existing mortgages or encumbrances to be cleared

3. Foreign Ownership Provisions: Required when either party is a foreign national, addressing ownership restrictions

4. Tenant Provisions: Necessary when either property is subject to existing tenancy

5. Condition Precedents: Special conditions that must be met before the swap can proceed

6. Service Contracts: Handling of existing service contracts and maintenance agreements

7. Environmental Matters: Required for industrial or commercial properties with potential environmental concerns

Suggested Schedules

1. Property Details Schedule: Comprehensive details of both properties including exact specifications and boundaries

2. Title Documents: Copies of current title deeds and ownership certificates

3. Property Plans: Floor plans, site plans, and location maps for both properties

4. Valuation Reports: Independent valuation reports for both properties

5. Encumbrance Schedule: List of any existing mortgages, liens, or encumbrances

6. Due Diligence Documents: Results of property searches, condition surveys, and compliance certificates

7. Completion Checklist: List of documents and actions required for completion

8. Form of Transfer Instruments: Templates for property transfer documents required by UAE authorities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




































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Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Hospitality

Retail

Industrial

Agricultural

Mixed-Use Development

Investment Management

Banking and Finance

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Compliance

Finance

Investment

Operations

Risk Management

Business Development

Facilities Management

Relevant Roles

Real Estate Director

Property Manager

Legal Counsel

Real Estate Agent

Property Developer

Investment Manager

Asset Manager

Facilities Manager

Real Estate Broker

Commercial Director

Development Manager

Property Valuer

Compliance Officer

Real Estate Portfolio Manager

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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