Promise to Pay Agreement
A “Promise to Pay Agreement,” also known as a promissory note, is a financial instrument that contains a written promise by one party (the promisor or maker) to pay another party (the promisee or payee) a definite sum of money, either on demand or at a specified future date.
These agreements are legally binding and typically include the following information:
- The names of both parties (the lender and the borrower)
- The total amount of money borrowed
- The date by which the total amount must be paid back
- The amount of any interest that will be charged
- The repayment schedule (whether the loan will be paid back in a lump sum or in installments over time)
- Any collateral that is securing the loan
- Any penalties for late payments
Promissory notes can be used for various types of loans, such as personal loans between friends or family members, student loans, real estate loans, business loans, and more.
It’s worth noting that, although they can be relatively simple documents, promissory notes are legally enforceable contracts. Therefore, it’s usually a good idea to have a lawyer review the agreement to ensure that the terms are fair and that the parties’ rights are adequately protected.
Example of a Promise to Pay Agreement
Suppose John borrows $10,000 from his friend, Lisa, to pay for home renovations. They agree that John will pay back the loan over five years, with annual payments at an interest rate of 5%. To formalize this arrangement, they draft a Promise to Pay Agreement, or a promissory note.
The note includes the following information:
- Principal Amount: $10,000
- Interest Rate: 5% per annum
- Lender: Lisa
- Borrower: John
- Repayment Terms: The loan is to be paid in five equal annual installments. Each installment will include both a portion of the principal and the interest accrued.
- Default: If John fails to make a payment, he will be in default and Lisa can demand immediate payment of the entire remaining balance of the loan.
- Date of Agreement: The date the agreement is signed by both parties.
Once the promissory note is signed, it serves as a legal document that certifies the obligation of John towards Lisa. If John fails to make the payments as agreed, Lisa has the right to take legal action against him to recover the amount.
It’s important to note that this is a very simple example. Real-world promissory notes, especially those related to large or complex transactions, would likely include additional terms and conditions.