Building Loan Agreement

Bahman Eslamboly

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This Building Loan Agreement is between a bank and a borrower for the construction of buildings and other improvements to real property. This agreement sets forth the names of the parties, a description of the land where the buildings will be located and the amount of the loan. It also sets forth how the loan proceeds will be disbursed and how these proceeds will be used.

This agreement also sets out dates when construction will commence, contemplated completion date, rights of inspection by the bank and reports that must be received prior to loan disbursement. Also included are provisions and remedies regarding default and that the bank has the right to appoint a receiver if deemed necessary.

This Building Loan Agreement contains the following:
  • Parties: Sets out the name and addresses of both the bank and borrower;
  • Construction Loan: Sets out the date of the loan and that the bank will lend borrower a set sum for construction of improvements on land;
  • Disbursement of Loan: Bank will disburse proceeds in proportion to the progress of the construction and has the right to disburse the loan proceeds directly to any contractor, subcontractor, materialmen, etc. who is performing labor or services on the construction;
  • Use of Loan Proceeds/Cost Analysis: Loan proceeds can be used only for the cost of the property and its improvement. A Development Cost Analysis will be provided to the bank prior to any disbursement;
  • Request for Disbursement: Borrower will submit any request for disbursement along with any appropriate form which will be signed by the general contractor on the construction project;
  • Completion/Inspections: Dates for completion are spelled out as well as the bank's right to inspect the property and its improvements;
  • Disbursement Conditions: Prior to proceeds disbursements, the bank will require subsoil reports and analysis, evidence that property complies with all applicable laws and written documentation from all appropriate utility companies that services will be available for the project;
  • Signatures: A bank representation and the borrower must both sign the agreement.

Protect yourself and your rights by using our attorney-prepared forms.

This attorney-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Building Loan Agreement
State Law Compliance: This form complies with the laws of all states

Building Loan Agreement

Product Details

Product Building Loan Agreement
Country United States
Pages 12
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Adobe PDF
WordPerfect
Rich Text Format
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category Loan Agreements
Product number #43653
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

A Building Loan Agreement is a legal document that outlines the terms and conditions under which a bank lends money to a borrower for the construction of buildings or improvements on real property.

Loan proceeds are disbursed in proportion to the progress of construction, ensuring that funds are available as needed for contractors and materials.

In the event of default, the bank has specific remedies outlined in the agreement, which may include appointing a receiver to manage the project and protect the bank's investment.

While it is possible to draft this agreement without legal assistance, using an attorney-prepared form ensures compliance with state laws and protects the rights of both parties.

No, the loan proceeds must be used exclusively for the costs associated with the property and its improvements, as specified in the agreement.

Is This Form Right For You?

Use This Form If:

  • Individuals seeking financing for new construction projects will find this Building Loan Agreement essential. It outlines the terms of the loan, ensuring that both the borrower and the bank have a clear understanding of the financial obligations and disbursement conditions.
  • For contractors involved in large-scale construction, this agreement serves as a crucial document to secure funds necessary for project completion. It provides a structured approach to how funds will be released based on construction milestones, protecting the interests of all parties involved.
  • Situations requiring compliance with state laws regarding construction financing can benefit from this agreement. It ensures that all legal requirements are met, providing peace of mind to both the lender and the borrower throughout the construction process.
  • Real estate developers looking to undertake significant improvements on properties will use this agreement to formalize their financing arrangements. By specifying the use of loan proceeds and conditions for disbursement, it helps in managing project budgets effectively.
  • Banks and financial institutions may require this Building Loan Agreement to mitigate risks associated with lending for construction projects. It sets out clear terms for inspections and compliance, which are critical for safeguarding their investment.

Do Not Use If:

  • – This form is not appropriate for personal loans unrelated to construction. If the funds are intended for personal use rather than a specific construction project, a different type of loan agreement should be utilized.
  • – In cases where the borrower does not have the legal authority to enter into a loan agreement, such as minors or individuals under guardianship, this form cannot be used.
  • – If the construction project does not comply with local zoning laws or building codes, using this agreement would not be advisable until those issues are resolved.
  • – For borrowers seeking unsecured loans or lines of credit, this Building Loan Agreement is not suitable as it is specifically designed for secured loans tied to real property.
  • – If the project involves a partnership or multiple borrowers, additional agreements may be necessary to address the complexities of shared responsibilities and liabilities.

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