Uploaded by: Arlene Kuehner at February 14 2018 00:32:29.
Sale of the loan proviso: A lender might want to include the option of selling the loan to another party. This allows the lender to free themselves from the agreement through the sale, while still recouping some money. The loan buyer then becomes the creditor. The borrower remains the debtor and must repay the new loan holder.
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).
Unsecured Loans – Most standard loans are ‘unsecured’. This means that if the borrower does not pay back the lender then the lender will have to take the borrower to small claims in order to court order for the borrower to pay back the money.
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