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Hard Money Loan Contract Template for Australia

A Hard Money Loan Contract is a specialized lending agreement used in Australia for short-term, asset-backed financing, typically secured by real estate. This document establishes the terms and conditions for a private lending arrangement with typically higher interest rates and shorter terms than traditional bank loans. It complies with Australian federal and state lending regulations, including the National Consumer Credit Protection Act 2009 and relevant state-specific property laws. The contract details loan amount, interest rates, repayment terms, security arrangements, default provisions, and enforcement rights, providing a robust legal framework for both lender and borrower.

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What is a Hard Money Loan Contract?

The Hard Money Loan Contract is essential for private lending transactions in Australia where rapid financing is required, typically in real estate investments, property development, or business opportunities. This document is primarily used when traditional financing options are not suitable due to timing constraints, property condition, or borrower circumstances. The contract encompasses comprehensive terms for asset-backed lending, including security arrangements, interest rates (typically higher than conventional loans), and strict enforcement provisions. It must comply with Australian lending regulations while protecting both lender and borrower interests. The document is particularly relevant for private lenders, property developers, and investors seeking quick access to capital, with loan terms typically ranging from 6 to 24 months.

What sections should be included in a Hard Money Loan Contract?

1. Parties: Identification of the lender and borrower with full legal names and addresses

2. Background: Context of the loan arrangement, purpose, and acknowledgment of the higher-risk nature of hard money lending

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Details: Principal amount, interest rate, term, and purpose of the loan

5. Security Arrangements: Details of the property or assets securing the loan, including legal description and security registration requirements

6. Loan Disbursement: Conditions precedent to disbursement and disbursement mechanics

7. Repayment Terms: Payment schedule, method of payment, and prepayment provisions

8. Interest and Fees: Interest calculation method, default interest, and associated fees

9. Representations and Warranties: Borrower's declarations regarding their legal capacity, property ownership, and financial condition

10. Borrower Covenants: Ongoing obligations of the borrower during the loan term

11. Default Events: Circumstances constituting default and consequences thereof

12. Enforcement Rights: Lender's rights and remedies upon default, including property seizure and sale

13. General Provisions: Standard contract clauses including governing law, notices, and amendments

What sections are optional to include in a Hard Money Loan Contract?

1. Guarantor Provisions: Required when there are personal or corporate guarantors for the loan

2. Cross-Collateralization: Used when multiple properties secure the loan or when securing multiple loans

3. Construction Draw Requirements: Needed for loans funding property renovation or construction

4. Insurance Requirements: Detailed insurance obligations when specific coverage types are required

5. Joint and Several Liability: Required when there are multiple borrowers

6. Subordination Terms: Needed when the loan must be subordinated to other financing

7. Broker Provisions: Required when a broker is involved in arranging the loan

What schedules should be included in a Hard Money Loan Contract?

1. Property Description Schedule: Legal description and details of the security property

2. Payment Schedule: Detailed amortization table or payment terms

3. Fee Schedule: Breakdown of all fees, charges, and costs

4. Insurance Requirements Schedule: Specific insurance requirements and minimum coverage amounts

5. Due Diligence Documents: List of required property and borrower documentation

6. Draw Schedule: For construction loans, schedule of draw amounts and requirements

7. Borrower's Certificate: Standard form for borrower's periodic certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Loan Agreement

Sector

Cost

Free to use

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