One of the documents we needed was in regards to our housing. Typically they are looking for a mortgage, deed or rental agreement to prove you won't be living on the streets of Paris, I guess. We drafted up an "exchange contract" with P&S in hopes this would suffice. I wish we had found a document this perfect when we were getting ready to write ours up for the home exchange. I post ours here in the unlikely event that a random person is searching for something like it and stumbles upon this one. (Or the even more unlikely event that anyone else cares to read it!) I removed any identifying information and attempted to make it "copy friendly" for anyone in need of such a document.
MANY MANY Thanks and Kudos to our exchange partners, who took on this formidable task!
Home Exchange Contract between Name X and Name Y
The Undersigned:
1. a Mr. X, born on DOB, holder of Country passport number ##;
b. Mrs. X, born on DOB, holder of Country passport number ##,
residing at Home Address; telephone: Home Phone, Email Main Email, hereinafter referred as: “the US Homeowners”,
and
a. Mr. Y, born on DOB; holder of Country passport number ##;
b. Mrs. Y, born on DOB; holder of Country passport number ##, residing at Home Address; telephone: Home Phone, Email Main Email hereinafter referred to as: “the French Homeowners”
The US Homeowners and the French Homeowners are hereinafter jointly also referred to as:”the Parties”.
WHEREAS
- The US Homeowners wish to spend one year in France, and the French Homeowners wish to spend one year in the US, for the purpose of getting to know each others' country and culture;
- The US Homeowners have expressed an interest in staying one year in the home of the French Homeowners, and the French Homeowners have expressed an interest in staying one year in the home of the US Homeowners (the “Home Exchange”);
- The French Homeowners have agreed to let the US Homeowners stay in their home, and the US Homeowners have agreed to let the French Homeowners stay in their home, during the period and subject to the conditions to be mentioned below;
- The Parties wish to lay down a number of matters concerning the Home Exchange in writing in this present contract.
NOW, THEREFORE, THE PARTIES HAVE AGREED AS FOLLOWS
Article 1. The Parties; the Homes
1. The party of the US Homeowners shall consist of the above-mentioned list out all family members and DOB
2. The party of the French Homeowners shall consist of the above-mentioned list out all family members and DOB
- The address of the home in the US used in the Home Exchange is: Home address
- The address of the home in France used in the Home Exchange is Home address
Article 2. Arrival and Departure Dates
- The Parties have agreed that the commencement date of the Home Exchange will be sometime in month & year; since the duration of the Home Exchange is for a maximum of twelve months, this means that the Home Exchange shall end on the last day of month & year at the latest, unless the parties agree otherwise in writing.
- The Parties have agreed that the US Homeowners will arrive at the French Homeowners’ house a few days before the departure of the French Homeowners to the United States and that they will stay a few days with them.
Article 3. Care of each others’ homes
1. The Parties agree that for the duration of the Home Exchange they may consider each others’ homes as their own. However, they acknowledge and accept that the home they occupy during the Home Exchange is not in fact their own; this means that they have a moral obligation to take the utmost care of each others’ homes and that they may not use it as they see fit.
2. The Parties agree that in case of an accident of any kind, they will replace or repair the items involved.
3. In the event of a (major) defect to an important appliance (washing machine, dryer, television, etc.) necessitating repair or replacement, the Parties will consult in good faith on how to proceed and who will be responsible for payment (and subsequent reimbursement, if any).
4. Regular payments, like electricity, fixed phone line/internet connection, water, etc. are assumed to be paid (by direct debit or otherwise) by the owner of the house, unless and until pre-agreed upon capped amounts have been surpassed (see separate section regarding “Utilities.”). The Parties warrant that they will at all times make the payments for the various utilities as and when they fall due.
5. The Parties agree not to remove any items from the home without the express written permission of the owner.
6. The Home Exchange is solely intended for the parties mentioned in this contract ; however, the parties are free to let guests stay in each others’ homes as they would in their own homes, i.e. short-time (overseas) visitors, while they are themselves present in the home; however, the Parties undertake to advise each other of such visits whenever possible.
There will be no additional charge for any overnight guests, unless the utility maximums are exceeded, in which case the difference will be reimbursed, as per the utility agreement.
No guests are allowed to drive the vehicles or operate any equipment belonging to the Parties, unless otherwise stated in this contract.
7. The Parties agree that they will not allow any other party to occupy each others’ homes if they are not in residence during the agreed exchange period.
8. The Parties undertake to leave each others’ homes clean. They will ensure a high standard of cleanliness and make sure that the floors are vacuumed and mopped, refrigerator emptied of outdated food, stove and oven are grease free, bath and shower are free of mold and grime and surfaces are dust free, etc.
9. The Parties will ask friends and/or relatives and/or neighbors to keep an eye on things. However, this does not mean that any such friends, relatives, or neighbors shall have any right to enter the homes uninvited.
10. In the event that either party leaves a home vacant for a weekend or vacation the following people should be contacted to keep an eye on the property and care for any animals therein:
a. At the US home: Contact name, address & number
b. At the France home: Contact name, address & number
11. The US Homeowners undertake to regularly forward the mail of the French homeowners (at least once every week). The costs thereof shall be reimbursed in a manner to be decided. The French Homeowners are not required to forward the US Homeowners’ mail as they will make other arrangements for this.
Article 3. Rights to the homes
1. The parties warrant and represent that they possess the title/deed to their respective homes and that they are authorized to enter into this home exchange contract with respect to the homes concerned.
2. The parties warrant and represent that in so far as their homes are mortgaged, or encumbered in any other way, or if their house serves as collateral for any other loans, they are not behind on their repayment obligations in any way nor do they foresee that they will fall behind on such obligations, so that there is no risk, and no risk threatens, of foreclosure.
3. The Parties have agreed to allow each other to live in their respective homes for the duration of the Home Exchange. The Parties declare that they do not have, nor will they ever have, any claim on each others' homes. The home of the US Homeowners shall remain at all times the property of the US Homeowners and the home of the French Homeowners shall remain at all times the property of the French Homeowners and the Parties will not make any claim to each others’ homes on the basis of having used and occupied it during the Home Exchange.
Article 4. Premature Termination
1. The Parties agree that they will only cancel the Home Exchange for legitimate and unforeseen reasons like serious illness, death in the family, disasters, personal problems; or other acceptable reason as agreed upon by both parties and they undertake that if such unforeseen event happens, they will consult with each other in good faith as to how to proceed.
2. Nevertheless, it is possible that one party decides to terminate the home exchange unilaterally, either for one of the reasons mentioned above, or for any other reason, and that this party wishes to return to its own home before the end of the Home Exchange. In that event the other party agrees to vacate the house it is occupying as part of the Home Exchange and furthermore agrees that it does not have any right to compensation from the other party due to the premature termination of the Home Exchange contract.
Article 5. Car Exchange
- The Parties agree that the French Homeowners may make reasonable use of the US Homeowners’ car during the Home Exchange. By “reasonable use” it is meant use of the vehicle for everyday purposes (shopping, bringing the children to school, etc) and weekend outings, but it does not include taking the car for extended holidays beyond insert mileage limitations/maximums without first consulting US Homeowners. The Vehicle Details are:
- Make:
- Model:
- Year:
- License Plate Number:
- Mileage at initiation of exchange: TBD
- Registered Owner of the vehicle:
- Legal Owner:
- Address:
- City, State:
- Postal Code:
- Country:
- Telephone:
Car Insurance Details:
- Company:
- Contact Name:
- Telephone:
Mechanical problems contact:
- Company:
- Contact Name:
- Telephone:
Conditions:
- The car will remain fully registered and insured for the duration of the exchange.
- A full tank of fuel will be left in the vehicle, before and after the exchange.
- The car will be kept up to date on all routine maintenance. Guest agrees to cover expense s of oil changes for every additional 3,000 miles driven by them and tire rotations for every additional 6,000 miles.
- In the event of an accident in which one of the guest driver(s) is blameworthy, the French homeowners hereby agree to reimburse the US homeowner for the non-claimable portion of the insurance claim. Payment of such reimbursement will be in the local currency unless otherwise arranged. The insurance deductible is $500.
- The insurance and registration documents can be found in the glove compartment of the vehicle.
- The Parties have agreed that the US Homeowners may make reasonable use of the French Homeowners’ car during the Home Exchange. By “reasonable use” is meant use of the vehicle for everyday purposes (shopping, bringing the children to school, etc) and weekend outings, but it does not include taking the car for extended holidays to such extent that a total mileage of 20,000km/14,000 m insert mileage limitations/maximums for the entire Home Exchange Period is exceeded. The US Homeowners may only take the car across the border if this is allowed under the insurance policy conditions. The Vehicle Details are:
- Make:
- Model:
- Year:
- License Plate Number:
- Mileage at initiation of exchange: tbd
- Registered Owner of the vehicle:
- Legal Owner:
- Address:
- City:
- Postal Code:
- Country:
- Telephone:
Car Insurance Details:
- Company:
- Contact Name:
- Telephone:
The French homeowners agree that they will ensure that the car remains insured until the end of the home exchange
Mechanical problems contact:
- Company: Pont
- Contact Name:
- Telephone:
Conditions:
- The car will remain fully registered and insured for the duration of the exchange.
- A full tank of fuel will be left in the vehicle, before and after the exchange.
- The car will be kept up to date on all routine maintenance.
- In the event of an accident in which one of the guest driver(s) is blameworthy, the US homeowners hereby agree to reimburse the French homeowner for the non-claimable portion of the insurance claim. Payment of such reimbursement will be in the local currency unless otherwise arranged. The insurance deductible is $500
- The insurance and registration documents can be found in the glove compartment of the vehicle.
- The Parties will check with their respective insurance companies whether it is allowed to have the other party included in the insurance policy as driver for the duration of the Home Exchange and if so, to provide the necessary details and make the necessary arrangements. Should this not be possible, they will advice each other of this fact, whereupon they will consult on how to proceed to ensure that the other party is insured when making use of a party’s car.
Article 6 Utilities
1. The US Homeowners agree to cover the following utilities up to the maximum amount listed. These figures are based on an average usage over the time period of the Home Exchange, which have been taken from their records of the past few years.
- Electricity: $$$ per month*
- Water: $$$ per month*
- Heat/Hot Water: $$$ per month*
Phone/Internet/Cable: $$$ per month*
*Any overages will be determined on a monthly basis.
2. The French Homeowners agree to cover the following utilities up to the maximum amount listed on a monthly basis. These figures are based on an average usage during the Home Exchange and are based on the most recent time period.
- Electricity: $$$per month*
- Water: $$$per month*
- Gas: $$$per month*
- Phone/Internet: $$$per month*
*Any overages will be determined on a monthly basis.
Note that the gas tank in the courtyard has to be filled twice a year. Details of the gas company etc. will be left behind. The gas company sends an invoice after the tank has been filled and the stated amount has to be paid in monthly installments, so these may change from time to time.
3. At the end of each month, the Parties will compare the accounts for each utility item mentioned above and will set off any differences against each other on a monthly basis/at the end of the Home Exchange in a manner to be yet determined.
Article 7. Miscellaneous
- Transportation from Airport
- The French Homeowners agree to come and pick up the US Homeowners from the railroad station.
- For the time being, the French Homeowners will find their own way from the airport the residence.
- Collecting / Returning keys
- The French Homeowners will leave the keys to their home with the US Homeowners when the French Homeowners leave.
- The US Homeowners will give the keys to their home to the French Homeowners when the French Homeowners leave.
- The parties will reach further arrangements about returning the keys at the end of the Home Exchange at a later stage.
- Lawn Care
a. On two occasions during the Fall, a group of personal friends of the US Homeowners will come to collect the fallen leaves. The US Homeowners will inform the French homeowners of the time and day as soon as possible and give them a contact name and number in case they need to speak with them.
b. The US Homeowners have arranged for someone to come to mow the lawn every other week. They have been instructed to confirm times to do this with the French Homeowners before each arrival.
c. There is a vegetable/fruit garden on the property. Arrangements can be made with the gardener if the French Homeowners would like to partake of any of the produce.
d. The French Homeowners have an orchard across the road, with various fruit trees (apricot, plum, mirabelle, cherry, pear, peach, walnut). The US Homeowners are free to pick the fruit and do with it as they deem fit. The fruit is normally used to make jam, and the US Homeowners are welcome to use it for that purpose as well, or gorge themselves on it.
e. The orchard has to be mown quite regularly from spring until the end of summer. There is a motor lawn mower in the shed that the US Homeowners may use to trim the grass if they feel like it, and instructions will be given when they get to France, though they are under no obligation to do so.
- Barn
a. Approval and directions from owners must be obtained and followed for the use of tools and equipment in the barn. Any saws or power equipment, the lawn tractor, the snow blower and the motorcycle may not be used without prior consent.
7. Pets
a. The French Homeowners have a cat and three chickens. The US Homeowners undertake to take care of them during the Home Exchange, for which they will receive additional instructions.
Article 8. End of the Home Exchange
1. The French Homeowners foresee, if everything goes according to plan, that they will leave the US Homeowners’ home before the end of the Home Exchange, to tour the US for a month or so. Arrangements will be made with friends/neighbors/relatives of the US Homeowners regarding return of the key.
2. The US Homeowners foresee that they will leave the leave the French Homeowners’ home before the end of the Home Exchange, to tour Europe for a month or so. Arrangements will be made with friends/neighbors of the French Homeowners regarding return of the key.
Article 9 Disputes
The Parties enter into this Home Exchange Contract voluntarily and with every intent to have a wonderful time in each others’ homes and country. In the unhoped for event that things do not work out as planned, they agree to consult with each other to settle any misunderstanding that may have arisen amicably and in good faith. Should they fail to resolve any disputes that have arisen between them regarding the Home Exchange, such unresolved dispute will be settled, where it is related to the French Home, or the French car, by the competent court in France, and where it concerns the US home or the US car, by the competent court in the US.
IN WITNESS WHEREOF the Parties have signed this Contract in their respective home towns on:
Add signature lines and datesAnnex A Important Contact Details US Homeowners:
Annex B Important Contact Details French Homeowners:
I like how you get to "gorge" on the fruit, officially.
ReplyDeleteYes, Jen - I agree. A critical point in the contract, really. It completely sealed the deal for us.
ReplyDeleteThanks for reading!
Erin