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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.

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"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.

When you record the loan, make sure to include:
The names of the lender and borrower
The date of the loan
The amount
The date by which the loan is to be repaid
The interest rate, if one is applied
The number of payments
How often payments are to be made (weekly, biweekly, monthly), and
The minimum amount to be paid.

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.

Bankrate.com's corrections policy -- Revised: March 9, 2007
 
 
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