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Risks and rewards of loans between friends |
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If you're the would-be lender, should you ask for
a written agreement and charge interest? For short-term loans of
less than six months on smaller amounts, it's probably not necessary,
Williams says.
"If we're talking about $350 over six months,
you're talking about $11 in interest," she says. Now, if it's
$10,000, that's a different ballpark."
To Russell's way of thinking, the borrower should
offer to sign a legally binding IOU. If they don't offer, ask for
one. "If there's even a moment of hesitation, note that,"
she says.
Hira says a written agreement is important because
it helps the borrower understand the value of their request.
Respect
"If you're going to a person in your family, respect what you're
asking for," she says. "This is their hard-earned money
they've set aside. You should be the one offering to set up a formal
agreement. This can be a much more flexible agreement, with enormous
savings if you pay it off early because there are no fees. You should
say, 'I understand what it means, I will give you a promissory note.
I want to do it for myself. Other pressuring things will come along.
If I have something formal, I'll respect that.'"
The No. 1 question, though, is how the relationship
would be affected if something goes awry, since, as Hira notes,
money is loaded with emotion. "If that relationship is important
to you, you'll save yourself a lot if you write the money off in
your own mind," she says.
"Long-term, what's the impact?" Williams
says. "Is it worth getting $300 back and having your niece
never speak to you, or is it a lesson learned on both parts and
you move on?"
Probably the riskiest thing you can do is to either
co-sign a loan or borrow money to lend to someone else. "That
truly is much worse," Williams says. "That's a real bad
idea."
Guide for setting up a pay-back plan
While a short-term loan of a couple hundred dollars
might be arranged with a hug or a handshake, larger loans should
have a more formal structure, say financial experts.
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When you record the loan, make sure to include: |
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The names of the lender and borrower |
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The date of the loan |
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The amount |
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The date by which the loan is to be repaid |
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The interest rate, if one is applied |
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The number of payments |
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How often payments are to be made (weekly, biweekly, monthly), and |
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The minimum amount to be paid. |
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The idea is not to try and create a legally binding
document. You are simply putting the arrangement on a formal footing.
This very basic process can make both parties more comfortable with
the whole arrangement. It is a sign of respect, and it impresses
upon the borrower that this is not a gift, not something that can
be ignored or shrugged off later, and that repayment is definitely
expected.
That piece of paper, say the experts, also gives the
deal a better chance of working as you both hope it will when you
decide to do it.
If it's a very large loan, such as one for a down
payment on a house, that might be worth a trip to a lawyer's office
to draw up some simple, but legally binding agreement, suggests
Williams.
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