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A loan agreement is a legal contract outlining the terms for borrowing and repaying money between the lender and the borrower. It is a legally enforceable contract. These agreements come in a variety of forms, from simple promissory notes between friends and relatives to more intricate papers like mortgages. Let's find out more below about a loan agreement's key components.
What is a Loan Agreement?
A loan agreement, sometimes used interchangeably with terms like note payable, term loan, IOU, or promissory note, is a binding contract between a borrower and a lender that formalizes the loan process and details the terms and schedule associated with repayment. Depending on the purpose of the loan and the amount of money being borrowed, loan agreements can range from relatively simple letters that provide basic details about how long a borrower has to repay the loan and what interest will be charged, to more elaborate documents, such as mortgage agreements.
Regardless of the type of loan agreement, these documents are governed by federal and state guidelines to ensure that the agreed-upon interest rates are both reasonable and legal.
Why is a Loan Agreement Important?
Loan agreements are beneficial for borrowers and lenders for many reasons. Namely, this legally binding agreement protects both of their interests if one party fails to honor the agreement. Aside from that, a loan agreement helps a lender because it:
- Legally enforces a borrower's promise to pay back the money owed
- Allows recourse if the borrower defaults on the loan or fails to make a payment
Borrowers benefit from loan agreements because these documents provide them with a clear record of the loan details, like the interest rate, allowing them to:
- Keep the lender's agreement to the payment terms for their records.
- Keep track of their payments.
When You Can Use a Loan Agreement
Generally speaking, loan agreements are beneficial any time money is borrowed because it formalizes the process and produces results that are usually more positive for all parties involved. Though they are helpful for all lending situations, loan agreements are most commonly used for loans that are paid back over time, like:
- Personal or private loans between friends or family members;
- The financing of large purchases, like furniture or vehicles;
- Student loans.
- Business or commercial loans , like capital loans for startup companies;
- Real estate loans, such as mortgages.
Promissory Notes vs. Loan Agreements
While promissory notes have a similar function and are legally binding, they are much simpler and more closely resemble IOUs. In most cases, promissory notes are used for modest personal loans, and they usually:
- Are written, signed, and dated by just the borrower;
- Specify the amount of money being borrowed;
- Detail the terms for repayment.
Conversely, loan agreements usually:
- Have repayment terms that are more complex;
- Require a signature from both the borrower and the lender.
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Business Loan Agreements
An agreement for a company loan is merely a contract. This agreement is crucial to the success of the company financing for its entire term. The specifics and facts mentioned in such documents account for their importance. Every element of the business loan one chooses is contained in the business loan agreement. The borrower must comprehend every word in the agreement before they sign it. It could create major future disputes if they are unaware of it.
- Loan Amount: Verifying the Loan Amount to ensure the borrower agrees to borrow that specific sum. In certain circumstances, lenders are prepared to provide the loan the borrower desires but alter the paperwork to suit their needs. Even though it doesn't happen often, one should know these problems and study the contract carefully before signing it.
- Annual Percentage Rate: One of the essential details in a loan agreement is the loan's APR. APR calculates the annual cost of borrowing money or the total amount the borrower will repay. This includes the interest rate and any costs. Therefore, it is essential to consider this in the case of a business loan agreement. One can pay more if the business loan's APR changes slightly.
- Prepayment Penalty: If the borrower repays the loan before the period specified in the loan agreement, most lenders may impose prepayment penalties. Therefore, it is essential to understand whether the agreement entails a clause that holds the borrower liable for the prepayment penalty associated with the loan. If yes, then the second crucial factor is understanding how much one will be charged. For instance, one might have enough money to prepay their loan, but when they do so, they pay considerably more because of the prepayment fees clause.
- Penalty Charges: Penalty charges are applied if the borrower fails to pay the EMI on time. There are particular standards to establish this, which differ from lender to lender. Likely, one will need more money to make the loan EMI installments for the term. The borrower should be aware of the precise sum that will be due as a penalty fee in case of default.
- Types of Interest: There are mainly two types of interest: fixed or floating. Being unaware of this can affect the total cost of the borrowing, so the borrower needs to be prudent and seek this information in the loan agreement. One should ask their lender any questions they may have without holding back.
- Responsibilities of the Loan Guarantor: Understanding the guarantor's obligations is crucial. Depending on the lender, the guarantor's obligations change. Some even attempt to reclaim the loan amount from the guarantors because, under their terms, they hold the borrower accountable for repayment if the guarantor defaults. Moreover, the party lending the money can sell away the collateral pledged by the borrower in lieu of the loan. Hence, it is important to know the obligations of a guarantor before signing the loan agreement.
What Should a Loan Agreement Include?
Loan agreements typically include key details about the transaction, such as the:
Loan Amount
The loan amount refers to the amount of money that the borrower is receiving.
Interest Rate
Interest is used by lenders to compensate for the risk of lending money to the borrower. Usually, interest is expressed as a percentage of the original loan amount, also known as the principal, that is then added to the amount loaned. This extra money charged for the transaction is set at the signing of the contract, but it can be instated or increased if a borrower misses or makes a late payment. Additionally, lenders can charge compound interest where the principal amount is charged with interest as well as any interest that has accumulated in the past. The result is an interest rate that slightly increases over time.
Length of the Contract
The life of a loan agreement is usually dependent on what is known as an amortization schedule, which determines a borrower's monthly payments. The amortization schedule works by dividing the amount of money being loaned by the number of payments that would need to be made for the loan to be paid back in full. After that, interest is added to each monthly payment. Though each monthly payment is the same, a majority of the payments made early in the schedule go toward interest, while most of the payment goes toward the principal later in the schedule.
Unless there are early repayment penalties associated with the loan, it's typically in a borrower's best interest to pay back the loan as quickly as possible because it reduces the amount of interest owed.
Method of Payment
The payment method details how the borrower plans to pay the lender. This can be through:
- One lump sum paid on a certain date at the end of the contract's term
- Regular payments made over a specified amount of time
- Regular payments made specifically toward the interest
- Regular payments made toward the principal and the interest
Repayment Schedule
There are two types of loan repayment schedules:
- Demand: Demand loans are typically used for the short-term borrowing of small amounts without any required collateral. This type of repayment schedule is usually only used between parties that have an established relationship, such as friends and family members. Professional lenders, such as banks, do sometimes use demand loans as well if they have a good relationship with the borrower. The most notable difference between a demand and a fixed loan is that the lender can request repayment whenever they'd like, just so long as enough notice is given. The loan agreement usually details the requirements for notification.
- Fixed: Larger loans, like for a vehicle or car, usually use fixed-term loans. In a fixed loan, repayment follows a schedule that is outlined in the loan agreement and has a maturity date that the loan must be fully repaid by. In many cases, the purchase that the loan funded, like a car or a house, serves as collateral if the borrower defaults on payments. Some fixed loans allow borrowers to pay off the loan early without any penalties, while others charge penalties for early repayment.
Late or Missed Payments
Most loan agreements provide the actions that can and will be taken if the borrower fails to make the promised payments. When a borrower pays off a loan late, the loan is breached or considered in default and they could be held liable for any losses that the lender suffered because of it. Aside from the lender having the right to pursue compensation for liquidated damages and legal costs, they can:
- Increase the loan's interest rate until it is repaid
- Seize collateral or something that has monetary value, like jewelry, equipment, a house, or a vehicle, if the loan can't be repaid
- Place a default or breach on the borrower's credit score
Borrower and Lender Details
Key details about the borrower and lender must be included in the loan agreement, such as their:
- Names
- Phone numbers
- Addresses
- Social security numbers
Depending on the loan and its purpose, the borrower and/or lender can either be a corporation or an individual.
Key Terms for Loan Agreements
Some of the key terms you should know and understand are:
- Entire Agreement Clause: This clause means that the final agreement supersedes any previous written or oral agreements that were made during negotiations.
- Severability Clause: The severability clause states that the contract's terms function independently, meaning the other conditions are still enforceable even if part of the contract is deemed unenforceable.
- Choice of Law: This determines which state or jurisdiction's laws will govern the agreement.
It is in the best interest of both borrowers and lenders to obtain a clear and legally binding agreement regarding the details of the transaction. Regardless of whether the loan is between friends, family, or major corporations, when you take the time to develop a comprehensive loan agreement, you end up avoiding plenty of frustration in the future.
Final Thoughts on Loan Agreements
If the buyer defaults and doesn't pay back the money within the allotted time frame, the loan agreement is enforced. The lender can then use a court to enforce such agreements. To avoid future misunderstandings or legal issues, it is crucial that each party carefully review the loan agreement terms and conditions before signing.
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Meet some of our Loan Agreement Lawyers
Jason P.
Jason is a self-starting, go-getting lawyer who takes a pragmatic approach to helping his clients. He co-founded Fortify Law because he was not satisfied with the traditional approach to providing legal services. He firmly believes that legal costs should be predictable, transparent and value-driven. Jason’s entrepreneurial mindset enables him to better understand his clients’ needs. His first taste of entrepreneurship came from an early age when he helped manage his family’s small free range cattle farm. Every morning, before school, he would deliver hay to a herd of 50 hungry cows. In addition, he was responsible for sweeping "the shop" at his parent's 40-employee HVAC business. Before becoming a lawyer, he clerked at the Lewis & Clark Small Business Legal Clinic where he handled a diverse range of legal issues including establishing new businesses, registering trademarks, and drafting contracts. He also spent time working with the in-house team at adidas® where, among other things, he reviewed and negotiated complex agreements and created training materials for employees. He also previously worked with Meriwether Group, a Portland-based business consulting firm focused on accelerating the growth of disruptive consumer brands and facilitating founder exits. These experiences have enabled Jason to not only understand the unique legal hurdles that can threaten a business, but also help position them for growth. Jason's practice focuses on Business and Intellectual Property Law, including: -Reviewing and negotiating contracts -Resolving internal corporate disputes -Creating employment and HR policies -Registering and protecting intellectual property -Forming new businesses and subsidiaries -Facilitating Business mergers, acquisitions, and exit strategies -Conducting international business transactions In his free time, Jason is an adventure junkie and gear-head. He especially enjoys backpacking, kayaking, and snowboarding. He is also a technology enthusiast, craft beer connoisseur, and avid soccer player.
Michael O.
A corporate and commercial attorney with experience in transactional legal services including corporate and finance transactions, mergers and acquisitions, real estate, commercial contracts, bankruptcy, restructuring, international business transactions and general counsel services. Additional background skills and experience include investment banking, financial analysis, and commercial litigation. Sectors covered include technology, media, franchises, and business services providers, from start-ups to medium and large enterprises.
Samuel R.
My career interests are to practice Transactional Corporate Law, including Business Start Up, and Mergers and Acquisitions, as well as Real Estate Law, Estate Planning Law, Tax, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Mergers & Acquisitions, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the 2024 Super Lawyers Southwest Rising Stars list. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, mergers and acquisitions and also trademark registration and licensing.
Damien B.
My legal coverage includes Business Law, Commercial Litigation, Appeals and Trusts & Estates. I also handle Trademark applications and issues. I am a designated FINRA (Financial Industry Regulatory Authority) arbitrator. I have done pro bono work in the Federal Court mediation program. I have worked for companies as a legal writer, editor and content provider. I have written legal articles for the New York Law Journal and the New York State Bar Association magazine. I was a guest lecturer at New York University on the First Amendment in the M.S. program of Public Relations and Corporate Communication program for the course Communication Ethics, Law and Regulation (Adjunct Professor Douglas Rozman). I graduated from Harvard University with an MPA, from Brooklyn Law School with a JD where I was a Richardson Merit Scholar; and Carnegie Mellon University with a BS, cum laude, concentrating in Administration and Management Science, Mathematics and Economics.
October 1, 2023
Lynette P.
I am licensed in both Texas and Arkansas but actively working in Arkansas. My primary focus is criminal defense, family law, and estate planning (wills and trusts).
October 2, 2023
Matthew W.
I represent startups, investment firms, and individuals frequently with equity and debt financing, M&A transactions, and commercial contracts.
October 3, 2023
Nicole Y.
Nicole Yñigo is an accomplished attorney with over nine years of experience in the legal field. Raised in Miami, she obtained her education from the School for Advanced Studies, Florida International University, and St. Thomas University School of Law. Nicole is dedicated to helping her clients achieve their legal goals and has built a strong reputation for providing personalized and effective legal representation. She has worked with various law firms and insurance companies on both Plaintiff and Defense matters. Nicole is the founder of The Ynigo Legal Group, where she offers compassionate and competent legal counsel in a direct and practical approach.
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Loan Agreement
Wisconsin
I signed a Promissory Note for $11,200 months ago and have not received the funds, what can I do?
I was approved for and signed Promissory Note with Creditbench/First Home Bank for an $11,200 PPP loan in May, 2021 & am Currently listed with the SBA as owing said $11,200 stating 'Disbursed Current', but I have Not been funded months later
Donya G.
My advise is to continue to contact the bank and ask about the funds; try to speak with someone with authority like a manager or supervisor. From my personal dealings with PPP loans and the response time to get an answer, I understand there can be delays but this is a long time and they are listing the funds as disbursed so there is an issue somewhere. Also, get an email address where you can submit an inquiry regarding the funds. If you need additional help, you can reach out to me on the platform. All the best, Donya Gordon
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Loan Agreement
Pennsylvania
I need help getting my name off a car
My now ex and I went to get a car 7/5. He left with it 7/10. I don't know where he is or the car last I heard he was locked up in florida.
Samuel R.
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