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Proper paperwork for loan from relatives

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The_Pilgrim
The_Pilgrim Posts: 13 Forumite
edited 12 August 2012 at 9:40AM in Loans
Removed by OP

Comments

  • chalkie99
    chalkie99 Posts: 1,618 Forumite
    Part of the Furniture Combo Breaker
    For that sort of money and the potential grief get a solicitor and do it properly.
  • jumperjohn
    jumperjohn Posts: 180 Forumite
    chalkie99 wrote: »
    For that sort of money and the potential grief get a solicitor and do it properly.

    Totally agree!!
  • Angela
    Angela Posts: 1,533 Forumite
    Just out of interest what percentage interest are you giving them?
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I though this was MSE!



    I was going to suggest 0.5% above LIBOR :)

    It is MSE but for that amount of cash why not do it properly
  • Wutang_2
    Wutang_2 Posts: 2,513 Forumite
    I though this was MSE!



    I was going to suggest 0.5% above LIBOR :)

    Find a cheap solicitor
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • bouncydog1
    bouncydog1 Posts: 2,696 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The relative lending the money should also consult their tax advisor as they will have to declare the interest as part of their income.
  • chesky369
    chesky369 Posts: 2,590 Forumite
    Just because there's a legally drawn-up contract doesn't mean there necessarily won't be problems. People breach contracts all the time.
  • bargainbetty
    bargainbetty Posts: 3,455 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Even with contracts there are risks, as Chesky notes. However, to minimise these, have a solicitor drawn up a formal agreement. This must be done with the co-operation of the lenders, or they will need to hire a solicitor to review it too, as there is a risk that they could come back later and say they didn't have adequate legal advice. If you all share one lawyer and pay the bills collectively to demonstrate this, you can help avoid that one.

    Seriously, for this type of money, you need proper advice.
    Some days, it's just not worth chewing through the leather straps....
    LB moment - March 2006. DFD - 1 June 2012!!! DEBT FREE!



    May grocery challenge £45.61/£120
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    Even with contracts there are risks, as Chesky notes. However, to minimise these, have a solicitor drawn up a formal agreement. This must be done with the co-operation of the lenders, or they will need to hire a solicitor to review it too, as there is a risk that they could come back later and say they didn't have adequate legal advice. If you all share one lawyer and pay the bills collectively to demonstrate this, you can help avoid that one.

    Seriously, for this type of money, you need proper advice.


    a shared solicitor will have a conflict of interest
  • bargainbetty
    bargainbetty Posts: 3,455 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Not necessarily - my ex and I drew up papers for the division of assets that way, and it was fine - the important thing was having each person as an individual client, rather than one person paying and the others just agreeing to stuff. If each person is a separate client, they can act as a collective for the agreement. Some solicitors won't do it, others will. House-buying won't allow this at all for instance.

    It isn't the safest way, I agree. I'd rather have two opinions on it - but that's not very MSE.... which is why I suggested it as an option.
    Some days, it's just not worth chewing through the leather straps....
    LB moment - March 2006. DFD - 1 June 2012!!! DEBT FREE!



    May grocery challenge £45.61/£120
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