Property Loan Agreement Template for England and Wales

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Key Requirements PROMPT example:

Property Loan Agreement

"I need a Property Loan Agreement for a £2.5 million commercial property purchase in Manchester, with quarterly interest payments and a five-year term starting March 2025, including provisions for early repayment and potential property development."

Document background
The Property Loan Agreement serves as the primary documentation for secured lending transactions involving real estate in England and Wales. It is commonly used when individuals or businesses seek financing for property purchase, development, or refinancing. The agreement encompasses all essential elements required by UK law, including detailed loan terms, security provisions, borrower obligations, and enforcement mechanisms. This document type must comply with various regulatory requirements, including the Financial Services and Markets Act 2000 and the Law of Property Act 1925.
Suggested Sections

1. Parties: Identifies and defines the lender and borrower

2. Background: Explains context and purpose of the loan

3. Definitions: Defines key terms used throughout agreement

4. Loan Amount and Purpose: Specifies amount, drawdown conditions, and permitted use

5. Interest: Interest rate, calculation method, payment terms

6. Repayment Terms: Schedule, method, and conditions of repayment

7. Security: Details of property security and any additional security

8. Representations and Warranties: Borrower's confirmations about their status and circumstances

9. Covenants: Ongoing obligations of the borrower during the loan term

10. Events of Default: Circumstances constituting default and consequences

11. Enforcement: Lender's rights and remedies upon default

12. Boilerplate Provisions: Standard legal provisions including notices, amendments, governing law

Optional Sections

1. Guarantor Provisions: Required if loan includes a guarantor - details guarantor obligations and liability

2. Insurance Requirements: Specific insurance obligations and requirements for the property

3. Additional Security Provisions: Details of any additional security beyond the property

4. Property Maintenance Obligations: Specific requirements for maintaining the secured property

5. Pre-payment Provisions: Terms and conditions for early repayment of the loan

Suggested Schedules

1. Property Description Schedule: Detailed description and particulars of the secured property

2. Repayment Schedule: Detailed payment amounts and dates

3. Conditions Precedent: List of conditions to be satisfied before drawdown

4. Form of Drawdown Notice: Template for requesting loan disbursement

5. Security Documents: Forms of related security documents including property charge

6. Insurance Requirements: Detailed specifications for required insurance coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in England and Wales. Applies when the borrower is an individual rather than a business. Sets out requirements for credit agreements, licensing, and consumer protections.

Financial Services and Markets Act 2000: Establishes the regulatory framework for financial services in the UK, including lending activities. Sets out the powers of the Financial Conduct Authority (FCA) and requirements for regulated activities.

Law of Property Act 1925: Fundamental legislation governing property law in England and Wales, including mortgages and charges over property. Essential for understanding security interests in property.

Land Registration Act 2002: Governs the registration of land and property interests in England and Wales, including the registration of mortgages and charges.

Mortgage Credit Directive Order 2015: Implements EU regulations on mortgage credit, setting standards for mortgage lending and regulated mortgage contracts.

FCA Regulations: Regulatory requirements set by the Financial Conduct Authority for regulated lending activities, including conduct rules and consumer protection measures.

MCOB Rules: Mortgages and Home Finance: Conduct of Business sourcebook - Detailed rules governing mortgage lending and administration.

Consumer Protection from Unfair Trading Regulations 2008: Protects consumers from unfair commercial practices, including misleading actions or omissions in lending.

Unfair Contract Terms Act 1977: Controls unfair terms in contracts, particularly those that attempt to exclude or restrict liability.

Consumer Rights Act 2015: Consolidates consumer protection law, including unfair terms in consumer contracts and consumer rights.

Financial Services Act 2012: Amended the regulatory framework for financial services, establishing the FCA and setting out additional regulatory requirements.

Money Laundering Regulations 2017: Sets out requirements for due diligence and anti-money laundering procedures in financial transactions.

Data Protection Act 2018: Implements UK GDPR requirements and governs how personal data must be handled in lending agreements and related processes.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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