The Property Loan Agreement is a fundamental document in Irish property financing transactions, used when a lender provides funding for property acquisition, development, or refinancing. This agreement is essential for both residential and commercial property transactions in Ireland, incorporating requirements from the Consumer Credit Act 1995, the Land and Conveyancing Law Reform Act 2009, and other relevant Irish legislation. The document details the loan facility, security structure, borrower obligations, and enforcement provisions, ensuring compliance with Irish banking regulations and consumer protection requirements. It's particularly important for establishing clear terms between lenders and borrowers, creating legally enforceable security interests, and meeting regulatory requirements for property financing in Ireland.
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1. Parties: Identifies and defines the Lender and Borrower(s) with full legal names and addresses
2. Background: Outlines the context of the loan agreement and property purchase
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. The Loan: Details the loan amount, purpose, and drawdown conditions
5. Interest and Repayment: Specifies interest rate, calculation method, repayment schedule, and payment terms
6. Security: Details the property mortgage and any additional security requirements
7. Conditions Precedent: Lists conditions that must be satisfied before loan drawdown
8. Borrower's Representations and Warranties: Statements of fact and assurances from the borrower
9. Borrower's Covenants: Ongoing obligations and commitments of the borrower
10. Events of Default: Circumstances that constitute default and their consequences
11. Lender's Rights and Remedies: Actions the lender can take in case of default or breach
12. Costs and Expenses: Allocation of legal fees, stamp duty, and other costs
13. Notices: Process for formal communications between parties
14. General Provisions: Standard legal clauses including assignment, amendments, severability
1. Guarantees: Required when there is a third-party guarantor for the loan
2. Insurance Requirements: Detailed insurance obligations when specific insurance types are required
3. Property Maintenance Obligations: Specific maintenance requirements for commercial properties or investment properties
4. Early Repayment Provisions: Terms for early loan repayment when permitted
5. Interest Rate Variation: Required for variable rate loans to specify rate adjustment mechanisms
6. Multiple Borrowers: Additional provisions when there are joint borrowers
7. Property Letting Restrictions: Required when there are restrictions on letting the property
8. Development Obligations: Required for property development loans with specific construction requirements
1. Property Description: Detailed legal description of the mortgaged property
2. Repayment Schedule: Detailed amortization table showing payment dates and amounts
3. Conditions Precedent Documents: List of required documents and evidence needed before drawdown
4. Form of Drawdown Notice: Template for requesting loan disbursement
5. Insurance Requirements: Detailed specifications for required insurance coverage
6. Permitted Security Interests: List of any permitted charges or encumbrances on the property
7. Form of Compliance Certificate: Template for periodic compliance certification
8. Standard Form Notices: Templates for various notices required under the agreement
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Relevant Industries
Banking & Financial Services
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Relevant Teams
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