This agreement for exchange of personal property is an agreement between two
individuals who are owners of certain property which are agreeing to exchange their
respective items without any monetary consideration exchanging hands. It contains the
material terms of such an agreement, including the party names, descriptions of the
respective properties and the closing date. This document contains standard clauses
as well as opportunities for customization to ensure that the understandings and
agreement of the parties are properly set forth.
AGREEMENT FOR EXCHANGE OF PERSONAL PROPERTY
This Agreement for Exchange of Personal Property (hereinafter the “Agreement”) has been made
as of __________ day of __________, _____ between ___________________ (hereinafter
“Seller”, a resident of ____________________, and _________________ (hereinafter “Buyer”,
a resident of ____________________.
WHEREAS, the parties to this Agreement are the legal owners of the respective properties
described below. The parties hereto have agreed to exchange the below described properties
(hereinafter the “Properties”) pursuant to the terms agreed to below.
NOW THEREFORE, in consideration of the parties’ respective covenants, representations,
warranties, and agreements hereinafter set forth, and intending to be legally bound hereby, the
parties agree as follows:
1. Description of Property: Pursuant to this Agreement, Seller hereby agrees to transfer to
Buyer the following personal property: _________________________ [DESCRIPTION] and in
exchange of such a property, Buyer agrees to transfer to Seller the following personal property:
2. No Other Consideration. Both parties agree that there is no consideration that one party
will pay the other for the property to be exchanged.
3. Waiver. The waiver of one or more defaults by any party to this Agreement shall not be
deemed a waiver of any subsequent default of that provision of the Agreement or of a default
under any other provision of this Agreement.
4. Closing Date. The consummation of the transaction contemplated by this Agreement
("Closing") shall occur on __________ day of __________, _____ at_______________
[SPECIFIC LOCATION/ADDRESS]. At the Closing, each party will give the other a properly
executed Bill of Sale for the property transferred, together with an affidavit of title to the
property and an affidavit of no liens. [ADD IF MORE CLOSING DOCUMENTS ARE
5. No Representations. Neither party has made any representations or promises other than those
contained in this agreement or in some further writing signed by the party making the
representation or promise.
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6. No Warranties. Neither party makes any warranty as to the value or condition of the property
he will deliver to the other. Both Seller and Buyer have inspected the property to be received by
them and are satisfied that the exchange is fair and reasonable.
7. Marketable Title. Each party shall convey and deliver at Closing good and marketable title to
their respective property, in form and content acceptable to each, free and clear of all mortgages,
liens, encumbrances, leases, security interests, covenants, conditions, restrictions, and judgments
and other matters affecting title,
a. Entire Agreement and Modification. This Agreement embodies and constitutes the entire
understanding between the parties with respect to the transaction contemplated herein. All prior
or contemporaneous agreements, understandings, representations, and statements, oral or written,
are merged into and superseded by this Agreement. No representations, agreements,
understandings, warranties, or indemnities shall be in force hereafter or deemed to exist between
the parties unless expressly set forth herein. Neither this Agreement nor any provision hereof
may be waived, modified, amended, discharged, or terminated except by an instrument in writing
signed by the party against which the enforcement of such waiver, modification, amendment,
discharge, or termination is sought, and then only to the extent set forth in such instrument.
b. Fax Copies. To facilitate execution, the parties hereto agree that this Contract may be
executed and faxed to the other party and that the executed telecopy shall be binding and
enforceable as an original.
c. Effective Date. The Effective Date hereof shall be the date upon which the last of the parties
hereto have executed this Agreement.
d. Applicable Law. This Agreement shall be governed by, and construed in accordance with the
laws of the State of _________. Venue for enforcement shall be in _________ County, in the
State of ___________
e. Headings. Descriptive headings are for convenience only and shall not control or affect the
meaning or construction of any provision of this Agreement.
f. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the
parties hereto and their successors and assigns, provided that no assignment shall be made except
in accordance with the provisions hereof.
g. Counterparts. This Agreement may be executed in several counterparts, each constituting a
duplicate original, but all such counterparts constitute one and the same Agreement.
h. Assignment of Contract. This Agreement may not be assigned by either party without the
other party’s prior consent, which consent may not be unreasonably withheld or delayed.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date indicated
below their signatures intending to be bound thereby.
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