Personal Loan Agreements: Know the Terms and Conditions

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personal loan agreement  

You’re all set to sign the dotted line of your personal loan agreement. The prospect is thrilling.  
But let’s hit pause before we get the ink flowing. It’s vital to have clarity in this moment.
 

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What is a Personal Loan Agreement?

A personal loan agreement is not just some documentation arising from a formality. It’s a legally binding document. You'll find your obligations, rights, costs, and responsibilities clearly spelt out within it. Surely, you’ll want to know exactly what you’re signing up for. We’re here to break it down for you.

Key Terms and Conditions in a Personal Loan Agreement

The personal loan agreement terms and conditions set the tone for your borrowing experience. They dictate loan behaviour, repayments, and lender expectations. Key sections include -

Loan Amount

This states the principle. The exact sum you’re borrowing. It also mentions the sanctioned amount, which may differ slightly based on processing fees or deductions. This number decides your EMIs, interest outgo, and repayment journey.

Interest Rate

This clause determines the overall cost of your loan. The interest rate may be fixed (constant throughout tenure) or variable (linked to a benchmark). You get predictability with fixed interest. In the case of variable interest, you get lower initial rates.

Tenure/Duration

Most personal loans in India offer tenures up to 3-5 years. The agreement states your total duration, EMI structure, and the repayment schedule. Shorter tenures mean higher EMIs but lower total interest paid.

Repayment Mode and Schedule

Your agreement will mention how EMIs are collected. This is typically done via auto-debit, NACH, or standing instructions. It also explains EMI frequency and prepayment rules. This section ensures you know exactly when and how money leaves your account.

Charges and Fees

This includes -
●    Processing charges
●    Documentation fees
●    Late payment penalties
●    Prepayment or foreclosure charges (if applicable)
Pro Tip - These keep your borrowing transparent. So, always review this section carefully.

Guarantor and Co-applicant Obligations

In some cases, your loan may involve a loan guarantor or co-applicant. This section will contain their roles and responsibilities. Since they share liability, they’re obligated to repay if you default.

Collateral Details (If Applicable)

Personal loans are a form of unsecured loans. In simpler words, they don’t require collateral. However, a lender may ask for some form of collateral in an atypical case. The agreement will specify its details clearly. It mentions asset details, valuation, and the lender’s rights over it.

Jurisdiction and Legal Enforcement

This clause states the legal authority or court that will handle disputes. This is done in case of disagreements or enforcement issues. For borrowers, it’s a reminder that the agreement is legally binding and enforceable.

Sample Personal Loan Agreement Template

Below is a simple personal loan agreement template for easy reference. You can copy and customise it as needed. This personal loan agreement sample covers the basics -
PERSONAL LOAN AGREEMENT
     This Personal Loan Agreement is made on <Date> between <Borrower Name>, residing at <Address>, and <Lender Name>.
     The Lender agrees to sanction a loan of ₹<Loan Amount> at an interest rate of <Interest Rate>% p.a. for a tenure of <Tenure>.
     EMIs will be paid monthly through <Repayment Mode>.
     Any late payment will attract penalties as per the lender’s policy. Prepayment terms, fees, and applicable charges are outlined in Annexure A.
    Both parties agree to the terms mentioned herein.
Signature (Borrower)
Signature (Lender)

Legal Terminology You Must Know Before Signing

A personal loan agreement contains legal wording that may look intimidating at first glance. Here’s a quick table to simplify these essential personal loan agreement legal terms.

 

TermMeaning
Outstanding BalanceThe remaining loan amount you still owe.
Due DateThe date your EMI must be paid.
Penal InterestExtra interest is charged if you delay payment.
DefaultFailure to repay EMIs as per the schedule.
PrepaymentPaying off part or all of the loan early.
AmortisationThe EMI breakdown between interest and principal.
CollateralAsset pledged as security (if applicable).
JurisdictionThe legal authority that settles disputes.

Before You Sign The Line: Key Considerations


Read the personal loan agreement thoroughly before you sign it. After all, it's legally binding. 
Understand the particulars like repayment rules, interest calculations, charges, and obligations. Proceeding cautiously with any commitment avoids surprises later. It keeps your financial journey stress-free.
Hero FinCorp offers transparent terms, quick approvals, and a digital-first borrowing experience. For a smooth, guided journey, apply for a personal loan with Hero FinCorp today.

Frequently Asked Questions

1. What is the stamp duty on personal loan agreements in India?

The stamp duty on personal loan agreements varies by state. It ranges anywhere between minimal fixed charges and nominal percentages.

2. Are there any prepayment charges on personal loans?

It depends on the lender’s policy. Some may charge fees, while others offer zero-cost prepayment.

3. Can I get a personal loan without a written agreement?

A written agreement is essential for legal validity and for protecting both borrower and lender.

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Written by:

Katyaini Kotiyal

Katyaini is a finance expert with a focus on the non-banking financial sector, bringing over 8 years of experience in NBFC. She specializes in simplifying complex financial concepts for readers, helping them navigate the NBFC landscape. Outside of work, she is passionate about travelling.

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