This is a Promissory Note for use in any state. The promissory note is unsecured, with a fixed interest rate, and contains a provision for installment payments.
This is a Promissory Note for use in any state. The promissory note is unsecured, with a fixed interest rate, and contains a provision for installment payments.
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The buyer doesn't want to have to pay interest, and the seller feels funny asking for it, so they agree, no interest. Unfortunately, the IRS may impute interest received to the seller, even if the parties agreed to zero interest or a rate below the IRS' published rates.
In order for a promissory note to be valid and legally binding, it needs to include specific information. "A promissory note should include details including the amount loaned, the repayment schedule and whether it is secured or unsecured," says Wheeler.
At its most basic, a promissory note should include the following things:Date.Name of the lender and borrower.Loan amount.Whether the loan is secured or unsecured. If it's secured with collateral: What is the collateral?Payment amount and frequency.Payment due date.Whether the loan has a cosigner, and if so, who.
In order for a promissory note to be valid and legally binding, it needs to include specific information. "A promissory note should include details including the amount loaned, the repayment schedule and whether it is secured or unsecured," says Wheeler.
Characteristics of promissory note:It is a written legal document. There must be a clear, point to point and unconditional promise of paying a certain amount to a specified person. It should be drawn and signed by the maker. It should be stamped properly. It specifically identifies the name of the maker and payee.
Acceptance is not an essential requirement of a valid promissory note.
At its most basic, a promissory note should include the following things:Date.Name of the lender and borrower.Loan amount.Whether the loan is secured or unsecured. If it's secured with collateral: What is the collateral?Payment amount and frequency.Payment due date.Whether the loan has a cosigner, and if so, who.
A promissory note must specify the percentage interest charged on the loan. All loans should carry some interest, even if it is between family members.
Many states have usury laws that cap the rate of interest a lender can charge for loansoften in the range of 10% to 20%.
A promissory note can become invalid if it excludes A) the total sum of money the borrower owes the lender (aka the amount of the note) or B) the number of payments due and the date each increment is due.