Posted by: Arlene Kuehner at January 28 2018 01:17:49.
In legal cases involving loans without loan agreements, the court has to try to determine who is telling the truth about the terms of a loan, or even if a loan occurred. Even if you are lending to family or a friend you are certain would never cheat you, it is important to complete a free loan agreement template in order to protect your loan and the integrity of your relationship.
What, exactly, was the amount of the money owed? Most importantly, a loan agreement makes it clear that the money given was, in fact, a loan – and not a gift. Also, it tidies up the loan by setting out payment requirements. Is the loan to be paid back in installments, or all by a certain date? Is there any interest being charged on the loan, or late charges if the loan is not paid back?
This agreement is subject to the broad principles of contract law. Where the Borrower has provided security, Lenders may wish to perfect that security in accordance with the provisions of the Personal Property Securities Act 2009 (Cth).
The loan agreement will typically have detailed information about the borrower, including their personal information, creditworthiness, income, and expenses. This information is required in order for the lender to determine if they are willing to proceed with the transaction.