Exchanging Contracts: Everything You Need to Know

Exchange of contracts is the moment a property sale becomes legally binding. Here's how the process works, what you need to do before it happens, and what changes the instant contracts are exchanged.

✓ Updated ✓ 10 min read

Key Facts

What Is Exchange of Contracts?

Exchange of contracts is the formal legal step at which both the buyer's and seller's solicitors swap signed copies of the contract of sale. At this moment, the transaction becomes legally binding. The completion date is confirmed, and both parties are committed to completing the purchase.

Before exchange, either party can withdraw from the sale without legal obligation (though there may be costs). After exchange, withdrawing carries serious financial consequences—typically the loss of the buyer's deposit or damages claims against a withdrawing seller.

When Does Exchange of Contracts Happen?

Exchange typically happens in week 10 of the conveyancing timeline—but this varies depending on the complexity of the transaction. It can only happen once three key milestones have been reached:

An offer has been agreed

The buyer and seller have agreed a price (subject to contract), and the memorandum of sale has been issued.

A mortgage offer has been issued and proof of funding provided

The buyer's lender has issued a formal mortgage offer (not just an agreement in principle), and the solicitor has confirmed proof of the buyer's funds.

Property search results have been received

All local authority, drainage, environmental, and other required searches have come back and been reviewed by the buyer's solicitor.

⚠️ Don't Exchange Until You're Ready

Never agree to exchange under pressure if you're not fully satisfied with the searches, title, or your financial position. Once exchanged, you are legally committed. A short delay to resolve outstanding queries is always preferable to exchanging with unresolved doubts.

How Does Exchange of Contracts Work?

The exchange process is straightforward but must follow a specific procedure. In England and Wales, solicitors exchange contracts via a recorded telephone call using Law Society formula B (the standard method for most residential transactions). The process takes only a few hours:

Step What Happens Who Does It
Deposit transferredBuyer's solicitor receives 10% deposit from buyerBuyer / buyer's solicitor
Contracts signedBoth buyer and seller sign their copy of the contractBuyer and seller individually
Phone exchangeSolicitors agree by phone to exchange; each reads the contract aloud to confirmBoth solicitors
Contracts swappedSigned contracts sent to the other party's solicitor (post or DX)Both solicitors
Completion date confirmedAgreed completion date is now legally locked inConfirmed in the contract

What Happens Immediately After Exchange?

🛡️ Buildings insurance (buyer)

Your buildings insurance must start from the moment of exchange—you're now at risk for the property even before completion.

📦 Book removals

With a confirmed completion date, book your removal company immediately. Popular slots fill up fast—especially Fridays.

✉️ Notify utilities

Contact gas, electricity, water, broadband, and council tax to arrange account transfers for your completion date.

📬 Update your address

Notify banks, HMRC, DVLA, your employer, the GP surgery, and any subscriptions of your upcoming address change.

What Are the Financial Penalties for Pulling Out After Exchange?

If the buyer pulls out after exchange:

If the seller pulls out after exchange:

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Frequently Asked Questions

Do I need to be present for the exchange?

No. Your solicitor handles the exchange on your behalf. You'll sign the contract in advance and your solicitor will arrange the phone exchange with the other party's solicitor. You'll be notified once exchange is complete.

What deposit is needed at exchange?

Typically 10% of the purchase price is payable at exchange. If you have less than 10% available, your solicitor may be able to negotiate a reduced deposit with the seller—this is less common but not unheard of, particularly if you're in a strong chain position.

How long does the exchange process take on the day?

The actual phone exchange between solicitors takes only a few minutes. However, setting it up—confirming all parties are ready, funds are in place, and contracts are signed—typically takes a morning or full business day.

Can exchange be delayed at the last minute?

Yes—any unresolved issue in the chain, a problem with the title, or a missing document can delay exchange at the last minute. Stay in regular contact with your solicitor in the days leading up to the expected exchange date so any issues surface early.

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