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Tri Party Agreement Home Loan

Tri Party Agreement Home Loan Template for Australia

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Key Requirements PROMPT example:

Tri Party Agreement Home Loan

"Need to draft a Tri Party Agreement Home Loan for an Australian property development company as borrower, with NAB as lender and a corporate guarantor, covering multiple residential properties with settlement scheduled for March 2025."

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Document background
The Tri Party Agreement Home Loan is a specialized financial instrument used in Australian residential property financing where a third party's involvement is necessary to secure or support the loan facility. This agreement is typically employed when a guarantor is providing additional security or guarantee for the borrower's obligations, or when the security property is owned by a party different from the borrower. The document comprehensively addresses the complex three-way relationship, detailing each party's rights, obligations, and responsibilities in accordance with Australian consumer credit legislation, banking regulations, and state property laws. It includes essential provisions for loan disbursement, security arrangements, default scenarios, and enforcement mechanisms, while ensuring compliance with regulatory requirements for consumer protection and responsible lending practices.
Suggested Sections

1. Parties: Identifies and defines all three parties to the agreement - typically the lender, borrower, and third party (guarantor/security provider)

2. Background: Sets out the context of the agreement, including the purpose of the loan and the role of each party

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Loan Facility: Details the loan amount, purpose, and drawdown conditions

5. Interest and Repayment Terms: Specifies interest rates, calculation methods, repayment schedule, and payment obligations

6. Security Arrangements: Outlines the security provided for the loan, including property details and registration requirements

7. Third Party Obligations: Details the specific roles, responsibilities, and obligations of the third party

8. Conditions Precedent: Lists all conditions that must be satisfied before the loan becomes available

9. Representations and Warranties: Contains statements of fact and assurances from all parties

10. Covenants: Details ongoing obligations of all parties throughout the loan term

11. Default Events: Defines events of default and their consequences

12. Enforcement Rights: Outlines the rights and remedies available to parties in case of default

13. Costs and Expenses: Allocates responsibility for various costs and expenses

14. General Provisions: Contains standard boilerplate clauses including notices, amendments, governing law

15. Execution: Formal execution blocks for all three parties

Optional Sections

1. Electronic Transactions: Include when parties agree to conduct transactions electronically, specifying permitted methods and requirements

2. Cross-Collateralization: Include when security is shared across multiple loans or facilities

3. Privacy and Data Protection: Include when detailed privacy obligations need to be specified beyond standard provisions

4. Insurance Requirements: Include when specific insurance obligations need to be detailed

5. Property Management Obligations: Include when specific requirements for maintaining secured property need to be detailed

6. Guarantee Limitations: Include when the third party's guarantee needs specific limitations or conditions

7. Priority Arrangements: Include when there are multiple security interests requiring priority arrangements

Suggested Schedules

1. Schedule 1 - Loan Details: Contains specific loan terms, amounts, interest rates, and repayment schedules

2. Schedule 2 - Security Property Details: Detailed description of the security property including title particulars

3. Schedule 3 - Conditions Precedent Checklist: Comprehensive list of all required conditions precedent

4. Schedule 4 - Fee Schedule: Detailed breakdown of all applicable fees and charges

5. Schedule 5 - Direct Debit Authority: Form for setting up automatic payment arrangements

6. Schedule 6 - Compliance Certificate: Template for periodic compliance certification

7. Appendix A - Required Insurance Specifications: Detailed requirements for insurance coverage

8. Appendix B - Property Maintenance Standards: Specific requirements for maintaining the security property

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Banking and Financial Services

Real Estate

Legal Services

Mortgage Broking

Property Development

Consumer Finance

Residential Property

Relevant Teams

Legal

Compliance

Credit Assessment

Risk Management

Mortgage Operations

Document Processing

Settlement

Product Development

Customer Service

Credit Risk

Property Services

Banking Operations

Relevant Roles

Credit Manager

Loan Officer

Mortgage Specialist

Banking Relationship Manager

Legal Counsel

Compliance Officer

Risk Manager

Property Valuer

Mortgage Broker

Banking Operations Manager

Credit Risk Analyst

Document Specialist

Settlement Officer

Financial Advisor

Product Manager - Home Loans

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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