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Loan Agreement Generator

Generate a legally binding Loan Agreement that clearly defines the loan amount, interest rate, repayment schedule, default terms, and remedies. Works for personal loans between family and friends, private business loans, and any situation where money is being lent.

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LOAN AGREEMENT

Date: February 10, 2026

This Loan Agreement ("Agreement") is entered into by and between:

Lender: [Lender Name]
Address: [Lender Address]

AND

Borrower: [Borrower Name]
Address: [Borrower Address]

(each a "Party" and collectively the "Parties")

RECITALS

WHEREAS, the Borrower has requested a loan from the Lender for the purpose of [loan purpose]; and

WHEREAS, the Lender agrees to provide such loan under the terms and conditions set forth herein;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. LOAN AMOUNT

1.1. The Lender agrees to loan the Borrower the principal sum of [Loan Amount] (the "Principal").

1.2. The Lender shall disburse the Principal to the Borrower on or before the date of execution of this Agreement, unless otherwise agreed in writing by the Parties.

1.3. The Borrower acknowledges receipt of the Principal and agrees to repay the same in accordance with the terms of this Agreement.

2. INTEREST

2.1. This loan is interest-free. No interest shall accrue on the Principal amount.

2.2. The total amount to be repaid by the Borrower shall be the Principal amount of [Loan Amount].

3. REPAYMENT

3.1. SCHEDULE: The Borrower shall repay the Principal in equal monthly installments.

3.2. TERM: The loan term shall be twelve (12) months, commencing on the date of disbursement (the "Maturity Date").

3.3. PAYMENT METHOD: All payments shall be made by check, bank transfer, or such other method as the Lender may designate in writing.

3.4. APPLICATION OF PAYMENTS: Each payment shall be applied first to any accrued fees or charges, and then to the outstanding Principal balance.

3.5. FINAL PAYMENT: All remaining unpaid Principal and any outstanding fees shall be due and payable in full on the Maturity Date.

4. LATE PAYMENT

4.1. If any payment is not received within ten (10) days of its due date, the Borrower shall pay a late fee of five percent (5%) of the overdue payment amount, or $25.00, whichever is greater.

4.2. The assessment of late fees shall not waive the Lender's right to declare a default or exercise any other remedies available under this Agreement.

4.3. Acceptance of a late payment shall not constitute a waiver of any subsequent default.

5. PREPAYMENT

5.1. The Borrower may prepay this loan, in whole or in part, at any time without penalty or premium.

5.2. Any partial prepayment shall be applied to the Principal balance and shall not relieve the Borrower of the obligation to make regularly scheduled payments unless the entire balance is paid in full.

5.3. In the event of full prepayment, interest shall only be charged through the date of repayment.

6. DEFAULT

6.1. The Borrower shall be in default of this Agreement if:
    (a) The Borrower fails to make any payment within fifteen (15) days of its due date;
    (b) The Borrower breaches any other term or condition of this Agreement and fails to cure within thirty (30) days of written notice;
    (c) The Borrower files for bankruptcy, becomes insolvent, or has a receiver appointed for any of their assets;
    (d) Any representation made by the Borrower proves to be materially false or misleading;
    (e) The Borrower dies or becomes legally incapacitated (in which case, obligations pass to the estate).

6.2. ACCELERATION: Upon default, the Lender may declare the entire unpaid Principal balance and all fees immediately due and payable ("Acceleration").

6.3. REMEDIES: Upon default, the Lender may pursue any and all remedies available at law or in equity, including but not limited to:
    (a) Demanding immediate payment of all amounts due;
    (b) Commencing legal proceedings to recover the debt;
    (c) Recovering reasonable attorney's fees and collection costs;

7. BORROWER REPRESENTATIONS

The Borrower represents and warrants that:
    (a) They have the legal capacity to enter into this Agreement;
    (b) The information provided in connection with this loan is true, complete, and accurate;
    (c) There are no pending or threatened legal proceedings that could affect the Borrower's ability to repay this loan;
    (d) The loan proceeds will be used solely for the purpose stated herein;
    (e) The Borrower is not in default under any other material agreement or obligation.

8. GENERAL PROVISIONS

8.1. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].

8.2. DISPUTE RESOLUTION: Any disputes arising under this Agreement shall be resolved through mediation, and if necessary, through binding arbitration or litigation in the courts of [Jurisdiction].

8.3. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior agreements and understandings.

8.4. AMENDMENTS: This Agreement may only be modified by a written instrument signed by both Parties.

8.5. SEVERABILITY: If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

8.6. WAIVER: The Lender's failure to exercise any right shall not constitute a waiver of that right or any other right.

8.7. NOTICES: All notices shall be in writing and sent to the addresses set forth above by certified mail or recognized overnight courier.

8.8. ASSIGNMENT: The Borrower may not assign this Agreement without the Lender's prior written consent. The Lender may assign this Agreement without the Borrower's consent.

8.9. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.


IN WITNESS WHEREOF, the Parties have executed this Loan Agreement as of the date first written above.


LENDER:

Signature: ____________________________
Name: [Lender Name]
Date: ____________________________


BORROWER:

Signature: ____________________________
Name: [Borrower Name]
Date: ____________________________


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What is a Loan Agreement?

A Loan Agreement is a legal contract between a lender and a borrower that documents the terms of a loan — the amount borrowed, interest rate, repayment schedule, and what happens if the borrower defaults. Loan agreements are used for personal loans between friends and family, private business loans, real estate financing, and any situation where one party lends money to another.

Even if you trust the other party completely, putting a loan in writing protects everyone. Verbal loan agreements are difficult to enforce, lead to misunderstandings about terms, and offer no proof of the arrangement in case of disputes. A written loan agreement also satisfies IRS requirements for loans (especially between family members) and prevents the loan from being reclassified as a gift.

Essential elements of a Loan Agreement

Principal Amount

The total amount of money being lent — clearly stated with the disbursement method and date.

Interest Rate

The annual rate charged on the loan. For family loans, the IRS sets minimum "Applicable Federal Rates" (AFR).

Repayment Schedule

How and when the borrower will repay — monthly, quarterly, lump sum at maturity, or other arrangement.

Default & Remedies

What constitutes a default and what the lender can do — accelerate the loan, charge penalties, or seize collateral.

Secured vs. Unsecured loans

FeatureSecured LoanUnsecured Loan
CollateralYes (car, property, equipment, etc.)No collateral required
Risk to lenderLower — can seize collateral on defaultHigher — relies on borrower's promise
Interest rateTypically lowerTypically higher
Common usesMortgages, auto loans, equipment financingPersonal loans, family loans, credit lines

When do you need a Loan Agreement?

  • Lending money to family or friends: Prevents misunderstandings, documents the terms, and satisfies IRS requirements that distinguish loans from gifts.
  • Small business loans: When one business or individual lends capital to another business for operations, inventory, or expansion.
  • Real estate and property purchases: For seller-financed deals or bridge loans between private parties.
  • Equipment or vehicle financing: When providing secured financing with the purchased asset as collateral.

Frequently asked questions

Is a loan agreement legally enforceable?

Yes. A properly drafted and signed loan agreement is a legally binding contract that can be enforced in court. For maximum enforceability, both parties should sign the agreement, the terms should be clear and reasonable, and the interest rate should comply with state usury laws (which cap maximum interest rates).

Do I need to charge interest on a personal loan?

For loans between family members, the IRS requires that the lender charge at least the Applicable Federal Rate (AFR) — otherwise the IRS may treat the loan as a gift, which could trigger gift tax implications. For loans under $10,000, interest may not be required. Always check current AFR rates and consult a tax professional.

What is a promissory note vs. a loan agreement?

A promissory note is a simpler document where the borrower promises to repay the lender. A loan agreement is more comprehensive — it's a two-way contract that includes detailed terms, conditions, representations, and remedies for both parties. For larger or more complex loans, a full loan agreement is recommended.

What happens if the borrower defaults?

The loan agreement should define what constitutes a default and the lender's remedies. Common remedies include acceleration (demanding the full balance immediately), charging default interest, seizing collateral (for secured loans), and pursuing legal action. The lender can recover the debt plus attorney's fees and collection costs if specified in the agreement.

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