The Car Finance Agreement is a crucial document used in Australian vehicle financing transactions when a customer requires credit to purchase a vehicle. It serves as the primary contract between a finance provider and a borrower, outlining the terms of the credit arrangement, security interests, and obligations of all parties. This document is essential for compliance with Australian regulatory requirements, particularly the National Consumer Credit Protection Act 2009 and the National Credit Code. It includes mandatory disclosures, consumer protections, and specific provisions regarding the vehicle security. The agreement is designed to protect both the lender's interests in the financed vehicle and the borrower's consumer rights, while ensuring transparent disclosure of all financial terms and obligations.
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1. Parties: Identifies and provides full details of the finance provider, borrower, and any guarantors
2. Background: Explains the context of the agreement - that the borrower wishes to purchase a vehicle and the financier agrees to provide credit
3. Definitions: Defines key terms used throughout the agreement including 'Vehicle', 'Credit Amount', 'Interest Rate', 'Term', etc.
4. Vehicle Details: Specific details of the financed vehicle including make, model, year, VIN, registration number
5. Financial Terms: Details of the loan amount, interest rate, term, and total amount payable
6. Repayment Terms: Payment schedule, payment methods, and frequency of payments
7. Security Interest: Establishes the financier's security interest in the vehicle under the PPSA
8. Insurance Requirements: Mandatory insurance requirements and obligations
9. Borrower's Obligations: Key responsibilities including vehicle maintenance, usage restrictions, and notification requirements
10. Default and Enforcement: Consequences of default and the financier's enforcement rights
11. Early Termination: Provisions for early repayment and contract termination
12. General Provisions: Standard clauses covering amendments, notices, governing law, etc.
1. Guarantor Provisions: Required when there is a guarantor for the loan, detailing their obligations and liabilities
2. Balloon Payment: Included when the finance structure includes a final balloon payment
3. Business Purpose Declaration: Required when the vehicle is primarily for business use and may affect the application of consumer credit laws
4. Trade-In Details: Included when there is a trade-in vehicle as part of the purchase arrangement
5. Additional Security: Required when additional security beyond the vehicle is provided
6. Co-borrower Provisions: Included when there are multiple borrowers sharing responsibility for the loan
1. Schedule 1 - Financial Information: Detailed breakdown of all financial terms including fees, charges, and payment schedule
2. Schedule 2 - Vehicle Specification: Comprehensive details of the vehicle including accessories and modifications
3. Schedule 3 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
4. Schedule 4 - Direct Debit Request: Direct debit authorization and banking details for automatic payments
5. Appendix A - Information Statement: Mandatory information statement required under the National Credit Code
6. Appendix B - Key Facts Sheet: Summary of key financial information as required by regulations
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Automotive
Banking
Consumer Credit
Insurance
Retail Automotive
Vehicle Manufacturing
Consumer Finance
Relevant Teams
Legal
Compliance
Credit Risk
Collections
Sales
Finance
Customer Service
Operations
Business Development
Document Administration
Risk Management
Vehicle Finance
Consumer Lending
Relevant Roles
Credit Manager
Finance Manager
Compliance Officer
Legal Counsel
Credit Analyst
Automotive Finance Specialist
Collections Manager
Risk Manager
Car Sales Manager
Finance and Insurance Manager
Consumer Credit Officer
Contract Administrator
Business Development Manager
Customer Service Manager
Loan Officer
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