Loan Agreement Lawyers

Loan agreements are often complex and one-sided, leaving borrowers or lenders exposed if things go wrong.

Our finance lawyers review, draft and enforce agreements that hold up in practice.

We simplify obligations, negotiate fairer terms and prepare strong documents that make repayment clear and enforceable to minimise risk and prevent disputes.

What is a loan agreement and why do I need one?

A loan agreement is a legally binding contract that sets out the terms of a loan – including how much is being borrowed, the interest charged, how repayments will be made and what happens if things go wrong.

Even when money is lent between family, friends or business partners, a written loan agreement avoids misunderstandings, protects relationships and ensures the arrangement is enforceable.

Without one, you run the risk of disputes, uncertainty and difficulty recovering the loan.

Do borrowers and lenders need different legal advice?

Yes – loan agreements are often drafted to heavily favour the lender.

Borrowers need a finance lawyer to explain obligations, negotiate fairer terms and identify hidden risks in guarantees or security clauses.

Lenders, on the other hand, need documents that are enforceable and compliant so they can recover funds if necessary.

A lawyer balances these competing interests, making sure the agreement reflects the true deal and that your position, whether as borrower or lender, is protected.

If you’re entering into a loan, see our guide on What you should consider before signing a loan agreement.

What happens if I don’t have a written loan agreement?

Without a loan agreement, it can be unclear whether money was given as a loan or a gift. This creates major problems if repayment is disputed.

For lenders, the lack of written terms makes it harder to recover money or enforce security.

For borrowers, it can mean unexpected repayment demands or disputes over interest and timing.

Courts place great weight on clear, written contracts. A finance lawyer ensures your agreement is documented properly, reducing the risk of costly litigation later.

Can a loan agreement be enforced?

A properly drafted loan agreement is fully enforceable.

Lenders can use the contract and any security documents to demand repayment, take enforcement action or recover property.

Borrowers can rely on agreed terms to challenge unfair demands or enforce repayment schedules that protect them.

Enforceability depends on the quality of the drafting – poorly prepared documents or templates often collapse when tested.

Our finance lawyers prepare agreements that give you legal certainty if the loan is ever disputed.

What should be included in a loan agreement?

A strong loan agreement sets out all the key terms: loan amount, interest rate, repayment schedule, fees and charges, security, guarantees, default provisions, early repayment options and how disputes will be resolved.

The detail matters – vague or missing terms can render parts of an agreement unenforceable.

We ensure every element is covered in plain language so both parties understand their rights and obligations.

For more detail on security, see our article on Loan Security Explained: Mortgage, PPSR and Guarantees.

With a well-drafted agreement, you reduce risk, prevent disputes and have a document that will stand up if challenged.

Why seek advice on your loan?

Loan agreements are not just formalities — they define rights, obligations, and remedies in one of the most important financial arrangements you will enter. Legal advice ensures the document protects your interests and minimises the risk of disputes.

Clarity

We explain loan terms in plain English so you understand your rights, obligations, and risks. Clear advice means you can make informed decisions and avoid hidden traps.

Protection

We negotiate terms, add safeguards, and prepare security documents to protect you against default or unfair provisions, reducing your exposure and keeping the deal balanced.

Enforceability

We draft agreements that are compliant and enforceable in court if repayment becomes an issue, giving you certainty that the contract will stand up when tested.

Confidence

With strong documents and clear advice, you can borrow or lend knowing your financial interests are secure and the agreement reflects the deal you intended.

We’re here to protect your financial position

From reviewing borrower obligations to preparing tailored loan agreements for lenders, we act quickly to secure your interests, reduce risk and keep your financial arrangements on track.

Why choose us for your loan?

When it comes to loan agreements, you need advice that is practical, precise and tailored to your circumstances.

Expert Advice

We cut through complex finance law and explain your loan agreement in clear, practical terms. Our focus is on agreements that are enforceable, legally sound and easy to understand.

Proven Results

Our experience across borrowing and lending means we know how loan agreements work in practice, allowing us to prepare documents that are balanced and enforceable.

Tailored Solutions

We adapt agreements and strategies to your transaction, relationships and risk profile, whether simple or complex, so the loan agreement reflects your goals and protects your position.

Practical Outcomes

We identify risks early, keep drafting lean and position you for results. Our advice is grounded in practice, not theory, so your loan agreement works when it matters most.

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