Burgess Thomson Lawyers

Borrowing Money

Property & Conveyancing

Expert Legal Advice for Borrowers on Loan Agreements and Documents

When it comes to borrowing money, Burgess Thomson can help you navigate financial transactions with unwavering expertise and precision. Based in Newcastle, we specialise in providing comprehensive legal advice and support to borrowers, ensuring clarity and security in every financial and contractual obligation associated with loans.

Our expert team has in-depth experience in managing the nuanced risks and potential pitfalls inherent in borrowing money, making us your go-to source for legal advice in loan agreements, guarantees, and loan documents.

Entering a financial or contractual obligation is a major responsibility and having expert legal advice provides borrowers with a clear understanding of the entire process.

The borrower receives value from the lender on the condition that the borrower will pay the principal amount plus any interest to the lender in the future. As a borrower it is in your best interest to have clear documentation of a transaction to avoid a dispute in the future. Commonly, the lender will prepare an agreement and give it to the borrower and their legal representative to review.

The borrower has various obligations under a loan agreement, which will differ depending on the terms of the agreement.

Empowering Borrowers with Clarity and Security

Understanding the multifaceted nature of borrowing, our prime goal is to equip borrowers with a profound understanding of the entire process, shedding light on the complexities and ensuring a smooth, dispute-free future. We assist clients in:

  • Reviewing Loan Agreements: Offering meticulous review services to ensure the terms are fair and clear.
  • Independent Legal Advice: Providing unbiased, sound legal counsel on all aspects of borrowing money.
  • Negotiation: Leveraging our extensive knowledge to negotiate terms when necessary.
  • Property Searches and Reports: Conducting thorough searches and obtaining crucial property reports to inform your decisions.
  • Liaison with Financial Institutions: Managing communications with banks and other entities to ensure smooth transactions.
  • Settlement Arrangements on PEXA: Organising settlements efficiently on the Property Exchange Australia platform.


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Why Choose Burgess Thomson?

Choosing Burgess Thomson means aligning with a team that prioritises your peace of mind and financial security when entering into loan agreements. Our experienced legal team is steadfast in ensuring every client is met with unparalleled legal advice, tailored to their unique needs and circumstances. Whether it’s a detailed review of loan documents or insightful advice on guarantees, we are here to ensure your journey in borrowing money is well-navigated and secure.

Embark on your borrowing journey with Burgess Thomson by your side, ensuring each step is legally sound and your interests are meticulously protected. Reach out to us to experience unparalleled legal services in Newcastle, making borrowing money a hassle-free and informed process. Let our expert advice guide you through your financial endeavours, safeguarding your assets and future with tailored, reliable legal support.

Remember, in the world of borrowing, knowledge is your greatest ally, and Burgess Thomson is here to provide the insights and support you need to navigate confidently.

Contact us or request a quote to learn more about how our skilled finance and mortgage lawyers in Newcastle can help you with borrowing money, guarantees, loan agreements, and loan documents.


One of the biggest risks borrowers face when entering into a loan agreement is not being able to afford the ongoing commitment to your lender. Depending on the terms of the agreement, borrowers have a time sensitive responsibility to the other party. They must adhere to the terms of the financial agreement or face legal repercussions. Not conforming to the agreement could damage the individual’s reputation and chance of borrowing in the future.
When entering into a financial agreement it is recommended that both parties seek legal advice from the beginning. Borrowers will benefit from having legal consultation as they ensure all terms are understood and documentation is accurate.

There are a number of key documents you will need to provide in order to be successful for a home loan.

These are:

  • Personal identification – this will include a form of primary identification and is important so that the lender can verify your identity.
  • Income details – you will need to prove you have a regular, ongoing income. This can be shown through providing a copy of your two most recent payslips and your most recent payment summary.
  • Home Loan situation – depending on whether you are a first home buyer or a frequent investor you will have to provide different documentation.
  • Assets and liabilities – you will need to prove that you can repay the loan. Assets can include bank account details with savings, while liabilities can mean providing details of any existing loans.
A fixed-fee interest or floating fee interest rate will set the rate of interest payable throughout the term of the loan. A fixed fee interest rate is set at a given number that will not change during the term of the agreement unless agreed to by both parties. A floating fee will be based on an interest margin added to a benchmark rate. In Australia, this will be the bank bill swap rate (BBSW), which adjusts with the Reserve Bank of Australia’s cash rate target.

In most instances banks and lenders will require a guarantor to guarantee a loan when the borrower is either a company, the borrower has insufficient equity or lacks borrowing capacity.

However, guaranteeing someone else’s loan carries extreme risk. The guarantor will often have no control over whether the borrower complies with their obligations or defaults on the loan. Lenders will commonly insist that the guarantor obtain independent legal advice before allowing them to guarantee a loan.

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