Tag Archives: agreement

Predatory Payday Loans?

At one point it appeared that the entire payday loan business was made up of a small group of loan sharks out only to make a buck off the backs of anyone who would take out a loan. This perception has changed in recent years with new regulations. Payday loans are even able to help some people save money!

At first look the interest rate appears to be pretty high, but it is often much less expensive than some of the alternatives.

Now we will look at some common misconceptions about these loans. First, payday loans are overly expensive, well probably. Of course being expensive is only relative to what the alternatives are. Taking out a payday loan instead of bouncing a cheque in most cases is a cheaper alternative. Fees for bouncing a cheque are quite often much higher than the interest paid for these loans. This is not just marketing hype by the short term loan companies, it is a fact.

If you calculate the costs it is easy to see the benefits of the payday loan over the bounced cheque. Next it is claimed that payday loans prey on the poor and under employed. However, this is not the demographic that these loans are targeted to. Industry numbers prove that the loans are not targeted to people who cannot afford to repay the loan. It would be foolish to loan money to people who can’t repay. In fact, the people who use the payday loan services are generally lower to upper middle class and have incomes in a range of thirty six thousand dollars per year. If this is the case why do they turn to short term loans then? Because it is fast! Payday loans can be deposited into a person’s account in minutes or hours and not the potential several day a bank may take. A main point is credit rating. Most people the avail these loans have less than perfect credit for whatever reason.

When something happens unexpectedly these people have few alternatives to get the cash they need to make it through the situation. Now, it has been said that payday loans cause people to get into a cycle of debt that harms them further. Well, no one forced the person to take out a loan and if they did so knowing they couldn’t repay, it is not the responsibility of the loan provider. What it amounts to is the borrower not exercising good judgment and perhaps not being honest about his finances. When these people avail a loan knowing they money will not be available to repay it, it is the individuals fault, not the loan companies. The loan was not made without the borrower’s consent. The borrower had to apply and sign an agreement stating they have the ability to repay on time.

No one was forced into the contract. The perception of a loan shark is not deserved and is actually far from the truth. Most of the people whom are hurt by payday loans are the people who knowingly enter into an agreement they can’t honor. There are some exceptions though, and the loan companies gladly work with these people to get their money back. If the loans were predatory as has been claimed, fewer people would actually be able to repay the loans and the companies would go out of business quickly, but this is not the case.

The Real Estate Purchase Agreement

Buying any piece of real estate property whether it be a home, condominium or building requires a written agreement. This is known as the real estate purchase agreement or a sales contract. It is called for in the U.S. Statute of Frauds that all financial transactions involving real estate be put in writing to be enforceable.

A purchase agreement is entered into by two parties – the buyer and the seller. Being the principals in the transaction, both of their names and signatures should appear on the document.

Other important details that need to be specified in the contract include the following:

* Legal description and address of the property. This should state the physical condition of the home and its specific location.

* The purchase price the buyer is offering.

* The amount of down payment also referred to as earnest money or deposit and who will keep it during the transaction. Usually, a lawyer acts as the escrow agent. A condition may be included as well stipulating the return of the deposit if the sale does not push through due to the buyer’s failure to secure a loan.

* The time frame needed to respond to the offer such as 24 hours or 48 hours. The buyer may specify this to keep the seller from accepting additional bids from other buyers.

* The party in charge to keep the deposit and to close the transaction. The closing may be handled by either the attorney or the real estate agent whichever may be agreed upon by the two parties.

* Items included or excluded in the sale. These refer to the appliances and furniture that the buyer may want to keep or discard in the property concerned such as carpeting and lighting fixtures.

* Home warranty. This guarantees the buyer that the seller will provide a clear title to the property at the time of closing. The document may either be an abstract of title, certificate of title or a title insurance policy.

* The party to pay for the closing costs. Many sellers shoulder the closing costs as an incentive to buyers. Depending on both parties, though, the costs can also be split.

* Clause for inspection and appraisal. Buyers normally ask for a home inspection to ensure that the property they are buying is in good condition. The inspection also aims to find out defects and the presence of pests, if any. The appraisal, meanwhile, is meant to determine the actual market value of the residential property.

* Mortgage contingency. This may be specified by the buyer as a guarantee that the buyer obtains a mortgage loan before closing. This may also release the buyer from the offer in the event he or she fails to get a loan.

The real estate purchase agreement is initiated by the buyer. However, it’s not all the time that the seller accepts the offer in its totality right away. What usually happens is that a seller will respond by submitting a counter offer that proposes some changes to the buyer’s conditions. Negotiations will begin only after the buyer and seller agree to the contract’s terms and conditions.