How to Draft a Loan Agreement (2024)

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Any Loan Agreement states the terms, rights and obligations applying to the loan, but different types of loans may require different specifications to meet local and national standards, so check with your local jurisdiction. Meeting these standards enables you to seek legal help if the other party fails to comply with the terms of the Loan Agreement.

To draft a Loan Agreement, you should include the following:

  • The addresses and contact information of all parties involved
  • The conditions of use of the loan (what the money can be used for)
  • Any repayment options
  • The payment schedule
  • The interest rates
  • The length of the term
  • Any collateral
  • The cancellation policy
  • Any provisions for default

Be aware that other types of loans may require additional details, like language provisions, waivers, and securitization details. A Loan Agreement drafted for a personal loan between individuals doesn't have to be as detailed as one involving banks, organizations or finance companies. However, it's a good idea for individuals to have a written Loan Agreement to refer back to, so that both individual are aware of their responsibilities.

If you are ready to draft your Loan Agreement, use Rocket Lawyer's easy online interview to complete the document in minutes. You can also use Rocket Lawyer to Find a Lawyer.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

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How to Draft a Loan Agreement (3)

How to Draft a Loan Agreement (4)

How to Draft a Loan Agreement (5)

How to Draft a Loan Agreement (6)

How to Draft a Loan Agreement (7)

How to Draft a Loan Agreement (8)

How to Draft a Loan Agreement (2024)

FAQs

How to Draft a Loan Agreement? ›

However, the do-it-yourself approach is perfectly acceptable and just as legally enforceable. Once you have both agreed on the terms, you may want to have the personal loan contract notarized or ask a third party to act as a witness during the signing.

Can I write my own loan agreement? ›

However, the do-it-yourself approach is perfectly acceptable and just as legally enforceable. Once you have both agreed on the terms, you may want to have the personal loan contract notarized or ask a third party to act as a witness during the signing.

How to make a simple loan agreement? ›

Include key terms of the loan, such as the lender and borrower's contact information, the reason for the loan, what is being loaned, the interest rate, the repayment plan, what would happen if the borrower can't make the payments, and more. The amount of the loan, also known as the principal amount.

How do I write a letter of agreement for a loan? ›

I, [Name of Borrower], hereby agree to borrow [Loan amount] from you, [Name of Lender], and promise to repay the entire loan amount along with interest at the rate of [Interest rate]% per annum.

How to write a loan agreement between family members? ›

How to make a family loan agreement
  1. The amount borrowed and how it will be used.
  2. Repayment terms, including payment amounts, frequency and when the loan will be repaid in full.
  3. The loan's interest rate. ...
  4. If the loan can be repaid early without penalty, and how much interest will be saved by early repayment.
Dec 14, 2023

Is a handwritten loan agreement legally binding? ›

There are no legal differences between typed and handwritten agreements when it comes to enforceability. When most people think of a contract, a formally typed, the professional contract usually comes to mind. Nonetheless, a handwritten contract can be as valid as one that's typed.

Do personal loan agreements need to be notarized? ›

First and foremost, understand that personal loan agreements fall into the classification of contracts. Technically, you don't have to notarize these documents. But if you want to make this document legally binding, then notarization is the best course of action.

Can I make my own written agreement? ›

Why You Need a Business Contract Lawyer. If you're asking whether you need a lawyer to draft a contract, legally, the answer is no. Anyone can draft a contract on their own and as long as the elements above are included and both parties are legally competent and consent to the agreement, it is generally lawful.

How do I write a simple loan letter? ›

It typically includes the sender's contact information, the date of writing, the recipient's details, the subject line indicating the purpose of the letter, a formal salutation, an introduction outlining the purpose of the loan request and the sender's financial situation, loan details specifying the type and amount of ...

Who writes a loan agreement? ›

In most cases the lender creates the loan agreement, which means the burden of including all of the terms for the agreement falls on the lending party.

How do you write a simple agreement? ›

When drafting simple agreements, there are certain best practices that every business owner and entrepreneur should follow.
  1. Start with a clear statement of purpose. ...
  2. Define key terms and definitions. ...
  3. Use clear and concise language. ...
  4. Include dispute resolution provisions. ...
  5. Consider the potential consequences of the breach.

What are the basics of a loan agreement? ›

A loan agreement is a formal contract outlining important counterparty information and responsibilities, as well as credit terms like the loan amount, the type of loan being extended, the repayment schedule, and the interest rate.

What is the $100,000 loophole for family loans? ›

Important: A tax-law loophole is available if all outstanding loans between you and the borrower (with below-market interest or otherwise) add up to $100,000 or less. This loophole involves imputed gifts and imputed interest income with somewhat more favorable tax results.

How do I write a simple personal loan agreement? ›

What a personal loan agreement should include
  1. Legal names and address of both parties.
  2. Names and address of the loan cosigner (if applicable).
  3. Amount to be borrowed.
  4. Date the loan is to be provided.
  5. Repayment date.
  6. Interest rate to be charged (if applicable).
  7. Annual percentage rate (if applicable).
Mar 21, 2023

How much money can be legally given to a family member as a loan? ›

How much money can I lend to a family member? Theoretically, you can lend or borrow as much money as you are comfortable exchanging. However, the lender may need to pay taxes on interest earned from loans over $10,000.

Are personal loan agreements legal? ›

Any personal loan agreement is a legally binding document, so it's important to understand it in full before you apply your signature. 💡 Quick Tip: Before choosing a personal loan, ask about the lender's fees: origination, prepayment, late fees, etc.

Is it legal to write your own contract? ›

Simply put, yes, you can write your own legal contract. You just need to be sure to include key components such as an offer, an acceptance, an exchange of value, and the willingness of both parties to enter into a contract. Legally binding contracts can be done both in writing or orally.

Can you write a loan to yourself? ›

A self-loan is a loan that you give to yourself. This means that you are borrowing money from your savings or investments. Self-loans can be a great way to access funds quickly and easily, without having to go through the hassle of applying for a traditional loan from a bank or other lending institution.

How do I write my own agreement? ›

A comprehensive guide on how to draft a contract
  1. Check out the parties.
  2. Come to an agreement on the terms.
  3. Specify the length of the contract.
  4. Spell out the consequences.
  5. Determine how you would resolve any disputes.
  6. Think about confidentiality.
  7. Check the contract's legality.
  8. Open it up to negotiation.
Oct 10, 2023

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