Implied Terms in Loan Agreements: What You Need to Know
When it comes to loan agreements, there are a number of important terms and conditions that should be clearly spelled out in writing. However, there are also certain “implied terms” that may come into play, even if they are not explicitly stated in the agreement. Here`s what you need to know about these implied terms and how they can impact your loan agreement.
What are Implied Terms?
Implied terms are those that are not explicitly stated in a contract or agreement but are nevertheless understood to be a necessary part of the agreement. These terms may be implied by law, by custom, or by the nature of the transaction itself. In most cases, implied terms are designed to protect the interests of both parties and ensure that the agreement is fair and reasonable.
Examples of Implied Terms in Loan Agreements
In the context of a loan agreement, there are several types of implied terms that may come into play. Here are a few examples:
1. Implied Duty of Good Faith
One of the most important implied terms in any contract is the duty of good faith. This means that both parties must act honestly and fairly towards each other, and not attempt to take advantage of the other`s weaknesses or vulnerabilities. In the context of a loan agreement, this might mean that the lender is required to provide the borrower with clear and accurate information about the terms of the loan, and not try to hide any unfavorable conditions.
2. Implied Duty to Mitigate Loss
Another common implied term in loan agreements is the duty to mitigate loss. This means that if the borrower defaults on the loan, the lender has a duty to take reasonable steps to minimize any losses that may result from the default. For example, the lender may be required to make a reasonable effort to sell any collateral that was put up as security for the loan, in order to recover some of the money owed.
3. Implied Duty to Provide Notice
Loan agreements may also include an implied duty to provide notice in certain circumstances. For example, if the lender plans to increase the interest rate on the loan, they may be required to give the borrower advance notice of this change, so that the borrower has time to plan accordingly.
Why Implied Terms are Important
Implied terms are important because they help to ensure that loan agreements are fair and reasonable for both parties. By creating common-sense obligations that are not spelled out in writing, they provide an additional layer of protection for borrowers and lenders alike. Without these implied terms, loan agreements would be much less effective at ensuring a fair and equitable transaction.
When entering into a loan agreement, it`s important to remember that there may be implied terms that come into play, even if they are not explicitly stated in writing. As a borrower or a lender, it`s important to familiarize yourself with these implied terms and understand how they might impact your agreement. By doing so, you can ensure that your loan agreement is fair, reasonable, and equitable for everyone involved.