What type of contract is a loan agreement?

Asked by: Johnathan Rutherford  |  Last update: July 26, 2025
Score: 4.7/5 (71 votes)

A loan agreement is a formal contract between a borrower and a lender. These counterparties rely on the loan agreement to ensure legal recourse if commitments or obligations are not met. Sections in the contract include loan details, collateral, required reporting, covenants, and default clauses.

What type of contract is a loan?

A loan agreement (also known as a lending agreement) is a contract between a borrower and a lender which regulates the mutual promises made by each party. There are many types of loan agreements, including "facilities agreements", "revolvers", "term loans", "working capital loans".

What type of contract is an agreement?

A contract is an agreement, but an agreement is not always a contract. An agreement can be informal or it may be written; a contract may be verbal or written, but a contract will always be enforceable if it contains certain requirements.

Are loan agreements legally binding?

A personal loan agreement is a legally binding contract that defines the expectations for both a borrower and a lender. It can be drawn up with an official lender, like a bank or credit union, or used in a more informal situation, such as with a friend who's lending you an amount of money.

What are the terms of agreement for a loan known as?

Promissory Note – The promissory note is the legal document, signed by the lender and borrower, which details all the loan terms and binds both parties to those terms. It is also sometimes called a loan agreement.

How to Write a Loan Agreement [8 EASY steps]

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What is another name for a loan agreement?

A loan agreement may be called a number of different things, including a loan contract, a credit agreement, a financing agreement, and in some cases, a promissory note.

What is a loan term contract?

The agreement will define what the parties agree to, what responsibilities each party has, and for how long the agreement will last. Term loans usually last between one and ten years but may last as long as 30 years. Most term loan agreement also define how the proceeds will be used.

What happens if you breach a loan agreement?

The agreement dictates new terms and actions to be met. If not navigated well, it can result in financial penalties, a recall of the loan, or even legal action.

How can I get out of a loan agreement?

Contact the lender to tell them you want to cancel - this is called 'giving notice'. It's best to do this in writing but your credit agreement will tell you who to contact and how. If you've received money already then you must pay it back - the lender must give you 30 days to do this.

Does a personal loan agreement 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.

What makes an agreement legally binding?

What makes a contract legally binding? To make a contract legally binding, it needs to include several key elements: Offer and acceptance — One party needs to offer something (money, services, rights, etc.), and the other party needs to accept the offer. Consideration — The benefit that both parties receive.

Is an agreement enforceable by law a contract?

An agreement enforceable by law is called a Contract. An agreement cannot be said as a Contract unless and until it is enforced by law. A Contract is an agreement that is accepted by both parties and is enforceable by law.

Is a loan agreement a bond?

Bonds allow for longer payment periods while loans are usually of a shorter tenure. Are the two means of funding equally flexible? Loans are tailored according to the company's interests and can change as the company evolves.

Is a loan agreement a negotiable instrument?

Promissory notes issued under syndicated loan agreements often state the notes are subject to the terms of the loan agreement, which makes them non-negotiable instruments.

What is the contract of loan?

A loan contract is an agreement whereby the lender agrees to pay money to the borrower or to his designate, on terms that the borrower will repay the money with interest.

What is the default clause in a loan agreement?

Many loan agreements contain an 'events of default' clause. This type of clause is designed to protect the lender from non-repayment of the loan and provide them with contractual rights under the loan agreement. As a borrower, events of default clauses can have significant financial consequences.

Can you back out of a loan after signing?

You can cancel a personal loan after signing the agreement, as long as your lender allows you to do so. While some lenders offer a grace period — giving you the option to cancel for any reason without fees — other lenders may not be as flexible.

What makes a loan agreement void?

Lack of legal capacity

For a contract to be legally binding, the parties signing the agreement should be of legal capacity. Meaning the individual should be capable of understanding what they are agreeing to. Lack of legal capacity makes a contract null and void.

Can you sue a loan company for breach of contract?

If the loan contract was breached, the lender can be sued if it was the breaching party. The most common remedy pursued by borrowers when a breach of a loan agreement has occurred is the recovery of damages.

How much money can you sue for breach of contract?

In a breach of contract case, damages typically cannot exceed four times the actual losses. However, the exact amount depends on the specifics of your case. Consult with a lawyer to determine the potential damages you may recover.

Can you go to jail for breach of contract?

Contract law disputes that end up in court are litigated as civil cases. That is, they involve a disagreement between private parties as opposed to society as a whole. Therefore, someone who breaches a contract will not go to jail for that breach.

Is a loan agreement a contract?

in publishing from New York University. A personal loan agreement is a contract between a lender and borrower spelling out the terms of a loan. Having one is usually a good idea whether you're lending money to family or friends or borrowing from them. It's a way to ensure that both parties understand their obligations.

How long is a loan contract?

A loan agreement defines how long you have to pay off the loan. Personal loan repayment terms typically range from two to seven years and may go as high as 12 years if you've borrowed a large amount. Ideally, you should look for the option to choose the repayment term that works best for you.

What qualifies as a long-term contract?

Long-term contracts relate to large scale projects spanning multiple reporting periods and are found in many industries, including those outside of construction, such as software and technology, advertising and marketing. Long-term contracts could have either one or multiple performance obligations.