Veteran home exchangers, by contrast, may be offended. Home exchange is a trust-based enterprise. On the other hand, I have politely asked my past four swap partners to create an official agreement with me and it hasn't been a deal-breaker for anyone.
Despite my initial reticence about using contracts, the recent experience I had with a guy who turned out to be selling his house reaffirmed my interest in creating agreements. It was only through the contract-writing process that I discovered the house I had been promised would soon be sold out from under my vacation.
While many swap clubs suggest that exchangers create contracts, few sites have sample contracts available. I was only able to find two. Both of them are readily available to non-members. Each site specifically urges exchangers to use the contracts freely. For this reason, I will attach the better one below. It is available at this web address: http://www.homeexchange.4homex.com/contracts.php
"SAMPLE HOME EXCHANGE AGREEMENT -- HOUSES AND CONTENTS
Definitions: "Owner" - the person who has legal ownership of the accommodation "User"- the person who has right of temporary use of the accommodation for the specified period. "Owner's Agent" - person nominated by the owner to act on behalf of the owner.
We, the undersigned, agree to the following conditions with respect to the exchange of accommodation.
The exchange of accommodation will be from to day/month/year day/month /year
The Owner will pay all insurance fees (house & contents) in her/his own country.
The Owner will pay all land rates or property taxes, mortgage, body corporate fees, TV/Radio License, Fire, Police, Ambulance and Services Levy in her/his own country.
All utility fees incurred by the Owner before the exchange will be paid by the Owner.
The house, its fittings and appliances should be left in a maintenance-free condition and in good working order at the commencement of the exchange by the Owner.
The Owner is responsible for any costs incurred for the house, its fittings, appliances and contents that can be attributed to normal wear and tear. The User is to contact the Owner or the Owner's Agent who will authorize that the necessary repairs will be carried out. Accounts for any such costs will be forwarded to the Owner or the Owners Agent for payment.
The User will permit the Owner or the Owner's Agent after 24 hours notice or without notice in the event of an emergency to enter the premises for the purpose of examining the condition of the premises, furniture and effects.
The User is responsible for any costs to the house, its fittings, appliances and contents that can be attributed to neglect or misuse. All items used by the User and persons admitted to the home should be left in a state of good repair at the conclusion of the exchange. Broken articles should be replaced by articles of equivalent quality.
The User is responsible for maintaining the lawns, gardens and pool.
The User is responsible for minor costs such as burnt out lamps (light globes, bulbs).
Neither home is to be sublet or rented out during the period of the exchange.
Approval for long term visitors to stay in the house should be obtained from the Owner.
Both premises are to be securely locked at all times when unoccupied. This is necessary to comply with conditions of insurance.
Smoking is not permitted in the accommodation.
At the-conclusion of the exchange any unpaid accounts for which the User is responsible, are to be forwarded to the User's home address,
Any mail delivered for the Owner is to be forwarded to the Owner's Agent at regular intervals.
In the event that one party returns home prior to the completion date of the exchange the following accommodation arrangements and payments have been agreed to: (Decide where the parties will live, who will be responsible for the payment of rent and the continued payment of utilities/services in the vacated premises eg phone rental, electricity - heating must be maintained overseas to prevent freezing of pipes, lawn maintenance etc.)"
I started editing this contract for grammar and punctuation, but gave up. If you decide to use it, you may want to delete whole sections, or add provisions that are relevant to your home.
This particular contract appears to be written by someone in a British Commonwealth country (note the reference to TV/radio license fees). I can't tell where the club is based, however, because they list no physical address or even a phone number. Therefore, I recommend that you use the contract if it interests you, but that you avoid joining this club under any circumstances. Legitimate businesses don't operate incognito. And home exchangers who have nothing to hide sign contracts.
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