A loan agreement is a legal contract between a lender and a borrower that defines the terms of a loan. A credit contract model allows lenders and borrowers to agree on the amount of the loan, interest and repayment plan. While loans can be made between family members – a family credit contract – this form can also be used between two organizations or companies that have a business relationship. As a result, each borrower is responsible for the full amount. If the loan is subsequently defaulted by the borrowers or if an event occurs that causes the loan to be delayed, the bank may choose to sue one of the borrowers or all of them. In cases where the bank follows one of the two borrowers and receives the full payment, that borrower can then sue the other borrower for his contribution. In the event of a subsequent disagreement, a simple agreement will serve as evidence to a neutral third party, such as a judge, who can help enforce the treaty. The concept of joint and several liability is often used for bank facilities underwritten by two or more borrowers, whether they are companies or individuals. But it is a concept that is often misunderstood.
Borrowers – and in fact the banks themselves – are often unaware of the impact that a borrower`s death will have on the terms of the facility. A simple loan contract describes the amount borrowed, whether interest is due and what should happen if the money is not repaid. Relying only on a verbal promise is often a recipe for a person who gets the short end of the stick. If the repayment terms are complicated, a written agreement allows both parties to clearly define all the terms of payment and the exact amount of interest due. If a party does not respect its side of the agreement, the written agreement has the added benefit that both parties understand the consequences. The death of a common borrower and several borrowers has a significant impact on its borrowers, on the bank and, of course, on its estate. If a co-lender dies, only his multiple liability will be applied to his estate, but if the loan agreement does not explicitly limit the liability of the deceased, the bank may insist that the estate be sued for the entire amount of the loan. As such, there is little practical difference between joint and several liability.
