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Car Finance Contract for Australia

Car Finance Contract Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the terms and conditions for financing a motor vehicle purchase. The contract complies with the National Consumer Credit Protection Act 2009 and related regulations, detailing the loan amount, interest rate, repayment terms, and security interest in the vehicle. It includes provisions for vehicle maintenance, insurance requirements, default scenarios, and early termination options, while incorporating mandatory consumer protection notices and disclosures required under Australian credit law.

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What is a Car Finance Contract?

The Car Finance Contract is a crucial document used in Australian vehicle financing transactions when a customer requires funding to purchase a motor vehicle. It serves as the primary agreement between a finance provider and a borrower, establishing the legal framework for the credit facility and security interest in the vehicle. The document must comply with strict regulatory requirements under the National Consumer Credit Protection Act 2009, the National Credit Code, and the Personal Property Securities Act 2009. It typically includes comprehensive details about the vehicle, loan terms, repayment schedule, borrower obligations, and lender's rights, while incorporating mandatory consumer protection provisions and disclosures specific to the Australian jurisdiction. This contract type is essential for both consumer and business vehicle financing arrangements, though different provisions may apply depending on the borrower's purpose.

What sections should be included in a Car Finance Contract?

1. Parties: Identifies the finance company (credit provider), the customer (borrower), and any guarantors

2. Background: Explains the purpose of the agreement - that the borrower wishes to purchase the vehicle and the lender agrees to provide finance

3. Definitions: Defines key terms used throughout the contract including 'Vehicle', 'Loan Amount', 'Interest Rate', and 'Security Interest'

4. Loan Details: Specifies the amount financed, interest rate, term of loan, and repayment schedule

5. Security Interest: Establishes the lender's security interest in the vehicle and PPSR registration requirements

6. Borrower's Obligations: Details the borrower's responsibilities including making payments, maintaining insurance, and maintaining the vehicle

7. Vehicle Use and Maintenance: Specifies conditions for vehicle use, maintenance requirements, and restrictions

8. Insurance Requirements: Details mandatory insurance coverage for the vehicle

9. Default and Enforcement: Defines events of default and the lender's enforcement rights

10. Termination: Conditions and process for early termination or payout of the loan

11. General Provisions: Standard contractual provisions including governing law, notices, and amendments

12. Execution: Signature blocks and execution requirements for all parties

What sections are optional to include in a Car Finance Contract?

1. Guarantor Provisions: Required when there is a guarantor for the loan, detailing guarantor obligations and rights

2. Balloon Payment: Include when the finance structure includes a final balloon payment

3. Business Purpose Declaration: Required when the vehicle is primarily for business use and different regulatory requirements apply

4. Trade-In Details: Include when there is a trade-in vehicle involved in the transaction

5. Co-Borrower Provisions: Required when there are multiple borrowers sharing responsibility for the loan

6. Electronic Communication Consent: Optional section for borrowers to consent to electronic notifications and statements

What schedules should be included in a Car Finance Contract?

1. Schedule 1 - Vehicle Details: Detailed description of the financed vehicle including make, model, VIN, registration number

2. Schedule 2 - Financial Terms: Detailed breakdown of the financial terms including fees, charges, payment schedule, and comparison rate

3. Schedule 3 - Insurance Requirements: Specific insurance requirements and minimum coverage levels

4. Schedule 4 - Direct Debit Request: Direct debit authorization and banking details for loan payments

5. Appendix A - Information Statement: Mandatory information statement required under the National Credit Code

6. Appendix B - Fee Schedule: Comprehensive list of all applicable fees and charges

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Financial Services

Automotive

Insurance

Consumer Credit

Vehicle Sales

Asset Finance

Banking

Relevant Teams

Legal

Compliance

Credit

Risk

Sales

Operations

Collections

Customer Service

Finance

Documentation

Underwriting

Relevant Roles

Credit Manager

Finance Manager

Compliance Officer

Legal Counsel

Car Sales Manager

F&I Manager

Credit Analyst

Risk Manager

Contract Administrator

Operations Manager

Collections Manager

Customer Service Representative

Business Development Manager

Underwriter

Industries








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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