Owner Financing Business Contract for the United States

Owner Financing Business Contract Template for United States

An Owner Financing Business Contract is a legal agreement used in the United States where the seller of a business provides direct financing to the buyer instead of the buyer obtaining traditional bank financing. This document outlines the terms of both the sale and the financing arrangement, including purchase price, payment schedule, interest rates, security interests, and default provisions. It combines elements of both a business purchase agreement and a loan agreement, structured to comply with federal and state lending regulations, including Truth in Lending Act requirements.

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What is a Owner Financing Business Contract?

The Owner Financing Business Contract serves as a comprehensive legal framework for situations where traditional financing options may be unavailable or undesirable. This document is particularly relevant in the United States market where sellers wish to maintain some control over the sale process while potentially earning interest income. The contract typically includes detailed terms about the business transfer, security arrangements, payment schedules, and default remedies, while ensuring compliance with state-specific lending regulations and federal requirements. It's especially useful for small to medium-sized business transactions where bank financing might be challenging to obtain or where the parties prefer a more flexible arrangement.

What sections should be included in a Owner Financing Business Contract?

1. Parties: Identifies and defines the seller/financier and buyer/borrower with complete legal details

2. Background: Establishes context of the sale and financing arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Purchase Price and Payment Terms: Details the total purchase price, down payment, and payment schedule

5. Interest Rate and Calculations: Specifies the interest rate and calculation methodology

6. Security Interest: Describes collateral and security arrangements

7. Default and Remedies: Outlines what constitutes default and available remedies

8. Representations and Warranties: Standard assurances from both parties

9. Governing Law: Specifies applicable jurisdiction and law

What sections are optional to include in a Owner Financing Business Contract?

1. Insurance Requirements: Details required insurance coverage when specific insurance requirements need to be maintained

2. Transfer Restrictions: Limitations on selling or transferring the business when seller wants to restrict future transfers

3. Management Transition: Terms for transitioning business operations when seller will assist in transition period

4. Non-Compete Provisions: Restrictions on seller's future business activities when protecting business goodwill is crucial

What schedules should be included in a Owner Financing Business Contract?

1. Payment Schedule: Detailed amortization schedule showing payments, interest, and principal

2. Asset Schedule: Itemized list of business assets included in sale

3. Security Agreement: Detailed terms of security arrangements and collateral

4. Due Diligence Documents: Financial statements, tax returns, and other relevant business documents

5. UCC Financing Statements: Forms for recording security interest

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardized calculation of finance charges and annual percentage rates

Dodd-Frank Act: Federal legislation providing comprehensive financial regulation and consumer protection, including specific provisions for seller financing

Equal Credit Opportunity Act: Federal law prohibiting discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance status

Fair Credit Reporting Act: Federal law regulating the collection, dissemination, and use of consumer credit information

State Usury Laws: State-specific regulations determining maximum legal interest rates that can be charged on financed amounts

State Seller Financing Regulations: State-specific rules governing owner/seller financing arrangements and required disclosures

Uniform Commercial Code: Standardized set of business laws regulating financial contracts and transactions, particularly Articles 2 (Sales) and 9 (Secured Transactions)

Internal Revenue Code: Federal tax regulations affecting owner financing, including treatment of interest income and capital gains

State Business Licensing Requirements: State-specific regulations governing business operations and licensing for financing activities

Securities Regulations: Federal and state laws governing financial instruments that might apply if the financing arrangement constitutes a security

Bankruptcy Code: Federal laws governing creditor rights, default provisions, and remedies in case of bankruptcy

State Property Laws: State-specific regulations governing property rights, transfers, and security interests in business assets

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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