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Sample Vacation Home Exchange Contract

$29.00

Purchase Document


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This home swap agreement template can be used by general homeowners, and by owners of fractional, quarter share, and time-share interests. It is designed for exchanges that are not simultaneous, meaning that the owners are not using each other’s home at the same moment; however, the contract can also be easily modified for use in a simultaneous exchange.

Contrary to common misconception, vacation home exchanges or swaps are significantly more complicated and risky than vacation rentals, and a well-drafted and comprehensive home exchange agreement is absolutely essential. Our family learned this first hand when, after many years or problem-free swapping, we had two disastrous exchange experiences back-to-back. The most common problems that occur in home exchanges are:

  • The first user cancels at the least minute or fails to show up, causing the other owner to lose the rent or exchange value he might have gotten from someone else;
  • The first user uses the other owner’s property, but the second leg of the exchange does not occur because (i) the second property does not exist, or (ii) the first user never confirms reservation requests;
  • There is damage or loss at one of the properties and no security deposit; or
  • There a non-approved occupants or pets, or one owner otherwise violates the other owner’s usage rules.
This sample vacation home exchange contract attempts to protect owners by covering these possible problems along with other important issues and risks. It is written in plain English designed to be easy to understand and customize. It is three pages in length and includes the following sections:

IDENTIFICATION OF EACH PROPERTY TO BE EXCHANGED
DATES OF USAGE BY THE OWNER THAT WILL USE THE OTHER OWNER’S
PROPERTY FIRST
CONSEQUENCES OF CANCELLATION OR NON-APPEARANCE
METHOD AND TIME FRAME FOR ARRANGING RECIPROCAL USAGE
LIMITATIONS AS TO WHEN RECIPROCAL USAGE OCCURS
RIGHTS OF OWNER TO CONTROL WHEN RECIPROCAL USAGE OCCURS
PROCEDURE AND REMEDY IF RECIPROCAL USAGE CANNOT BE ARRANGED
RENTAL DEPOSIT FOR CANCELLATION BY FIRST USER
RENTAL DEPOSIT FOR FAILURE TO PROVIDE RECIPROCAL USAGE
SECURITY DEPOSIT FOR DAMAGE/LOSS
CLEANING AND MEET/GREET CHARGES
POST-USE CLEANING REQUIREMENTS
OCCUPANCY LIMITS AND NON-AUTHORIZED OCCUPANTS
PETS
MOVEMENT OF FURNISHINGS
MALFUNCTIONS OF INTERNET, TELEPHONE OR ENTERTAINMENT AMENITIES
CONSEQUENCES OF RULE VIOLATIONS
OWNER HOLD HARMLESS
HAZARDOUS MATERIALS DISCLOSURE REQUIREMENTS

Purchase Document

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