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The purpose for which funds may be used. Loan funding mechanics, and applicable interest. Repayment obligations. Representations, warranties and undertakings.
In general, a personal loan contract is just as legally binding between friends or family as it would be with a bank. However, a contract between friends or family might be simpler or have fewer terms. Each agreement, though, is likely to have the same main provisions.
What should be included in a loan agreement? The amount of money to be loaned. The timeframe in which the money is to be repaid. The agreed method of repayment. What the ramifications are of late or non-payment. The amount of interest (if any) to be repaid. Details of any security required to protect the lender.
Loan agreements typically include covenants, value of collateral involved, guarantees, interest rate terms and the duration over which it must be repaid. Default terms should be clearly detailed to avoid confusion or potential legal court action.
For a personal loan agreement to be enforceable, it must be documented in writing, as well as signed and dated by all parties involved. It's also a good idea to have the document notarized or signed by a witness.
A loan agreement should be structured to include information about the borrower and the lender, the loan amount, and repayment terms, including interest charges and a timeline for repaying the loan. It should also spell out penalties for late payments or default and should be clear about expectations between parties.
You can write up a personal loan agreement by hand, with pen and paper, or draft it on your computer. Once the document looks good, it can be printed out and signed by both parties.
A loan agreement is a formal contract between a borrower and a lender. These counterparties rely on the loan agreement to ensure legal recourse if commitments or obligations are not met. Sections in the contract include loan details, collateral, required reporting, covenants, and default clauses.