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Personal Loan Agreement Template – California
Define clear loan terms and repayment obligations in California with this Personal Loan Agreement Template.
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Personal Loan Agreement
This Personal Loan Agreement ("Agreement") is made and entered into on [Date], by and between:
Lender: [Full Name / Company Name]
Address: [Lender’s Address]
and
Borrower: [Full Name / Company Name]
Address: [Borrower’s Address]
Together referred to as the "Parties."
1. Loan Amount and Purpose
The Lender agrees to loan the Borrower the principal sum of $[Loan Amount] (the "Loan"). The Parties acknowledge the intended purpose as [e.g., debt consolidation, education, medical expense], which does not limit lawful use unless expressly restricted herein. Loan proceeds will be disbursed net of any agreed fees listed in Section 2.
2. Disbursement and Funding Method
Funds shall be disbursed on or before [Date] by [Payment Method — ACH/wire/check]. If payment is electronic, the Borrower shall provide accurate account details at least [X] business days prior to disbursement. Any transfer charges imposed by a bank or remittance service shall be borne by ☐ Lender ☐ Borrower.
3. Interest
☐ The Loan shall bear interest at an annual rate of [X]% simple interest on the outstanding principal. ☐ This is an interest‑free loan. If selected, the Parties confirm that no disguised interest or fees apply. Interest accrues from the Disbursement Date unless otherwise stated.
4. Repayment Schedule and Method
Repayment begins on [Start Date] and continues ☐ Weekly ☐ Monthly ☐ Other: [Specify], with installments of $[Amount]. Final maturity is [Maturity Date]. Payments are made via [Method — bank transfer, cash receipt], and receipts or confirmations shall be kept by both Parties. Prepayment is ☐ allowed without penalty ☐ subject to an early repayment fee of [X]% of the prepaid amount.
5. Late Payment and Returned Payments
A late fee of $[Late Fee] applies if an installment is more than [X] days past due, to the extent permitted by law. Returned or reversed payments may incur reasonable processing charges. Consistent late payments may constitute default under Section 7.
6. Collateral and Security (Optional)
☐ Secured by: [Description — vehicle, equipment, deposit account]. ☐ Unsecured. If secured, the Borrower grants a security interest and agrees to execute any additional instruments reasonably requested to perfect such interest. The Parties will not pledge collateral that is already encumbered without disclosure.
7. Default; Acceleration; Remedies
Default includes failure to pay when due, providing false information, bankruptcy filing, or material breach. Upon default, the Lender may declare all outstanding amounts immediately due and pursue lawful remedies, including realization on collateral if applicable. The Parties agree to act in good faith to explore cure options before litigation when practical.
8. Representations and Warranties
Borrower represents capacity to enter this Agreement and that the Loan will be used for lawful purposes. Lender represents right to lend the funds and that the funds are not proceeds of illegal activity. Both Parties confirm the information provided is accurate to the best of their knowledge.
9. Notices; Records
Notices shall be in writing and deemed delivered if sent by personal delivery, certified mail, or recognized courier to the addresses above. Email copies may be sent for convenience if addresses are exchanged, but do not replace formal notice unless expressly agreed. Each Party will retain payment records for at least [X] years.
10. Governing Law; Dispute Resolution
This Agreement is governed by the laws of [State/Country]. Disputes shall be resolved in the courts of [County/City], [State], unless the Parties agree to mediation or arbitration in a signed addendum. Venue and jurisdiction are as stated, and each Party waives objections to personal jurisdiction to the extent lawful.
11. Entire Agreement; Amendments; Severability
This document constitutes the entire agreement and supersedes prior understandings. Amendments must be in writing and signed by both Parties. If any provision is held invalid, the remainder remains enforceable.
IN WITNESS WHEREOF, the Parties have executed this Personal Loan Agreement as of the date first written above.
Lender Signature
Name: __________________________
Date: __________________________
Borrower Signature
Name: __________________________
Date: __________________________
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Personal Loan Agreement Template – California
California Personal Loan Agreement FAQ
What is a Personal Loan Agreement?
A Personal Loan Agreement is a legally binding contract between a lender and a borrower that outlines the key terms of a loan, including the loan amount, interest rate, repayment schedule, and any applicable fees or penalties. The agreement protects both parties by clearly defining their rights and obligations, helping to prevent future disputes or misunderstandings.
Essentially, it sets out all the important details of how the loan will be repaid and under what conditions. Reviewing the terms carefully before signing — especially the interest rate, repayment timeline, and any late payment clauses — can help you avoid unexpected costs or issues later.
When to use a Personal Loan Agreement?
A Personal Loan Agreement should be used whenever money is being lent between two parties — whether between friends, family members, or through a business or financial institution. It’s especially important when the loan involves a significant amount of money, has repayment terms over time, or includes interest or collateral.
The agreement helps prevent misunderstandings by clearly outlining how much is being borrowed, when it must be repaid, and under what conditions. It’s also useful as legal proof of the debt, protecting both the lender and the borrower if any disputes arise later.
What should be included in a Personal Loan Agreement?
A Personal Loan Agreement should clearly outline all the terms and conditions of the loan to protect both the borrower and the lender. While simple loans may only require a promissory note, more detailed agreements should include the following key elements:
Identifications: Full names and addresses of the lender and borrower.
Effective dates: The start date of the agreement and any other important deadlines.
Loan amount: The total sum being borrowed (the principal).
Collateral: If the loan is secured, specify the asset pledged as security.
Interest rate: The cost of borrowing, whether fixed or variable. Any fees or additional costs should be stated, often reflected as an APR (Annual Percentage Rate).
Repayment schedule: How and when payments will be made — including frequency and duration.
Penalties: Details of late payment fees or consequences of default.
Jurisdiction: The state or area whose laws will govern the agreement.
Severability clause: Ensures that if one part of the contract is invalid, the rest remains enforceable.
Entire agreement clause: States that the written contract represents the full understanding between both parties.
Signatures: Both parties must sign and date the agreement for it to be legally binding.
Having these sections clearly written helps prevent confusion and ensures that both sides understand their rights and responsibilities from the start.
Can a Personal Loan Agreement be changed after signing?
Yes, a Personal Loan Agreement can be changed after signing, but only if both the lender and the borrower agree to the modifications. Any changes — such as adjustments to the repayment schedule, interest rate, or loan amount — must be made in writing through an official amendment or addendum to the original agreement.
Both parties should sign and date the amendment for it to become legally valid. Verbal changes or informal agreements are not enforceable and can lead to misunderstandings or legal disputes. Keeping all modifications clearly documented helps ensure transparency, protects both parties, and maintains the integrity of the original contract.
How is the interest rate determined in a Personal Loan Agreement?
The interest rate in a Personal Loan Agreement is typically set by the lender and agreed upon by the borrower before signing the contract. It can be either fixed, meaning it stays the same throughout the loan term, or variable, meaning it can change based on a benchmark rate or market conditions.
The agreed rate usually depends on factors such as the borrower’s credit history, loan amount, repayment term, and whether the loan is secured or unsecured. Secured loans often have lower interest rates because they are backed by collateral, while unsecured loans generally carry higher rates due to greater risk.
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