Posted by: Marquita Moore at February 14 2018 03:21:05.
The borrower should read the entire agreement. The borrower is responsible for understanding what is read. If the document is confusing, the borrower must question the document and get clarity before signing. When the borrower signs the document the individual is stating the document is clear, understood, and correct. The borrower and lender should have identification so the notary public can perform the official screening necessary at the loan signing.
Late fees: Many borrowers frown at paying more than they already must for a loan. Adding late fees to the agreement’s wording can help in preventing potential overdue payments in the future. The wording can allow for the late fees being something the lender applies at his or her discretion.
The family loan agreement is a template that allows two (2) family members construct a legal contract for the lending of money to a borrower in exchange for being paid back at a later time with interest. Considering the person that is borrowing the money is family, the loan is unsecured which means there are no assets behind the paper agreement. If the borrower does not repay the debt, the lender’s only route to get their money back will be to go through legal action or small claims court.
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).