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advise please

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  • advise please

    I am loaning some money from a family member and I have been asked to sign an agreement and I will of course be paying back the loan but wanted to please check does this agreement seem ok please?

    Please see below the agreement

    The ("Lender")
    OF THE FIRST PART
    AND

    OF THE SECOND PART

    IN CONSIDIDERATION OF the lender loaning certain monies (the "Loan") to the Borrower, and
    the Borrower repaying the loan to the Lender, both parties agree to keep, perform and fulfil the
    promises and conditions set out in the Agreement:

    L o a n A m o u n t a n d I n t e r e s t
    1. The Lender promises to loan xxxxxx GBP to the Borrower and the Borrower
    promises to repay the principal amount to the Lender, without interest payable on the
    unpaid principal

    P a y m e n t
    2. This Loan will be repaid in full by 2025.
    DEFAULT

    3. Notwithstanding anything to the contrary in this Agreement, if the Borrower defaults in
    the performance of any part under this agreement, then the Lender may declare the
    principal a m o u n t owing u n d e r this a g r e e m e n t .

    4. If the Borrower defaults in payment as required under this Agreement or after (10) days,
    the Security immediately provided to the Lender and the Lender is granted all rights of
    repossession as a secured party.
    SECURITY

    5. This Loan is secured by the following security (the "Security")
    Any Property owned by Borrower (“xxxxxxx”)

    6. The Borrower shall be liable for all costs, expenses and expenditures incurred including,
    without limitation, the complete legal cost of the lender incurred by the enforcing this
    agreement a result of any default the borrower and shall be due and payable by the
    borrower to the lender immediately upon demand of the lender.

    GOVENING LAW
    7. This Agreement will be construed in accordance with and governed by the laws of
    C o u n t r y of England.

    COST
    8. Al cost, expenses and expenditures including, without limitation, the complete legal
    cost incurred by enforcing the Agreement as a result of any default by the Borrower, will
    be added to the principal then outstanding and will be paid by the Borrower.
    BINDING EFFECT

    9. This Agreement will pass to the benefit of and be binding upon the respective heirs,
    executors, administrator, successors, legal representatives and permitted assigns of the
    Borrower and Lender. The Borrower waives presentment for payment, notice of non-
    payment and notice of protest.

    AMENDMENTS
    10. This Agreement may only be amended or modified by a written instrument by both the
    B o r r o w e r a n d L e n d e r .

    SEVERABILITY
    11. The clauses and paragraphs contained in the Agreement are intended to be read and
    construed independently of each other. If any term, covenant, condition or provision of
    the Agreement is held by a court of competent jurisdiction to be invalid, void or
    unenforceable, it is the parties intent that such provision be reduced in scope by the
    court only to the extent deemed necessary by that court to render the provision
    reasonable and enforceable and the remainder of this Agreement will in no way be
    affected, impaired or invalidated as a result.

    G E N E R A L P R O V I S I O N S
    12. Heading are inserted for the convenience of the parties only and are not to be
    considered when interpreting this Agreement words in singular mean and include the
    plural and vice versa. Words in the masculine mean and include the feminine and vice
    versa.
    ENTTIRE AGREEMENT
    13. This agreement constitutes the entire agreement between the paries and there are no further items or provisions, either oral otherwise.

    Tags: None

  • #2
    clause 2 suggests repayment by 31.12.2024, i. e. by 2025. Is that what is intended? You need a clear date.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      clause 2 suggests repayment by 31.12.2024, i. e. by 2025. Is that what is intended? You need a clear date.

      thank you very much for your time and help and sorry there is a clear date on the agreement, I redacted this date before posting here.

      does this agreement seem ok?

      the agreement is with me and has my personal name on the agreement; but the money will be paid into my limited company bank account, as it this limited company (of which i am the sole director) will be using the monies (along with other moines in the limited company bank account) to buy a property (no mention of the limited company on the agreement).

      Comment


      • #4
        There is a reference to security. Are there further documents associated with this? Consult a lawyer.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          There is a reference to security. Are there further documents associated with this? Consult a lawyer.
          Thank you for time and reply, there are no other documents just the agreement.

          I believe the reference is regards to the security, is as it mentions against property I own as it says

          "Any Property owned by Borrower" point 5

          Comment


          • #6
            It is a poorly worded document. A false economy for both parties.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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