Last Updated July 3, 2024
What is a Loan Agreement?
A Loan Agreement is a legally binding document that parties use when one lends money to the other.
A loan contract involves two parties: a lender (the person lending money to someone else) and a borrower (the person receiving a loan).
A Loan Agreement can either be secured or unsecured:
Secured: A secured loan is issued and supported with collateral to be used in the event that the borrower can no longer make payments. Collateral is usually a physical asset that can be seized and/or sold off by the lender to pay the remaining balance of the loan, such as a car, a house, stocks, or bonds.
If there isn't a collateral clause in the contract, the lender would have to go to court to seize any of the borrower's assets. With a clause in place, the lender may still have to go to court to seize on the collateral, but the process tends to run smoother.
Unsecured: An unsecured loan is issued without collateral. These kinds of loans are more common when loaning money to friends or family members.
An unsecured loan may have higher interest rates to offset the risks to the lender for loaning money without collateral.
A Loan Agreement is also known as a:
- Term Loan
- Personal Loan Agreement
- Loan Contract
What do I need a Loan Agreement for?
A written loan contract ensures fairness and protects both the borrower and the lender. The parties can limit disputes by clearly outlining the terms and conditions of the agreement.
You can use a Loan Agreement for:
- Business loans, such as capital for a startup business
- Purchases, such as a vehicle, boat, or furniture
- Real estate loans, such as a down payment on a home
- Personal lending between friends or family for debts or bills
How can I pay off my loan?
LawDepot's Loan Agreement template allows you to choose from the following methods of repayment:
- Single repayment: The borrower repays the entire loan amount at once (either by a specific date or upon notice to repay).
- Regular payments: The borrower repays the loan in weekly, monthly, or yearly instalments.
- Other: You may specify a non-traditional method of payment, such as allowing the borrower to make payments as they are able.
- Early repayment: In addition to the specified payment schedule, the borrower may make lump sum payments at any time in order to repay the loan early.
- Interest: The lender may charge interest at a certain percentage rate that compounds weekly, every six months, or yearly. If the borrower fails to make a payment on time, the lender may increase the rate of interest or charge a late fee.
What should a Loan Agreement include?
Loan agreements generally include information about:
- The location. People usually choose the lender's location for the Loan Agreement, but if the agreement is for the purchase of assets, then the parties might choose to list the location of the assets instead.
- The lender and borrower. These details include name, address, and whether the lender or borrower is an individual or a corporation. You may also add a co-signer who agrees to pay the debt if the borrower defaults on the loan.
- The loan amount. The amount of money being lent to the borrower is the loan amount.
- Interest and late fees. If the lender charges interest, they may specify the percentage of interest and how often it’s compounded (monthly, every six months, or yearly). The lender may also penalize overdue payments by charging late fees or increasing the interest rate.
- Repayment method. The borrower may repay the loan in a single payment or regular payments. The agreement should outline the repayment schedule, when the final amount is due, and if the borrower can repay the loan early or in lump sums.
- Collateral and insurance. The borrower may secure the loan with collateral such as a vehicle, equipment, or jewellery. In this case, the lender may seize the collateral if the borrower cannot repay the full loan amount. The lender may also require the borrower to obtain insurance if using the loan to buy a vehicle.