Fix light in the Collateral Agreement

Aug 6th, 2022
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How to fix light in the Collateral Agreement

4.8 out of 5
43 votes

Hey whats going on everybody? Today is Tuesday, August 4th and Im going to be talking about the EIDL loan collateral, and what that means, and what can happen, and how it affects you, and all that jazz. Alright just as a quick background, if you received the EIDL loan if your loan was under $25,000 then you dont have to enter into any collateral agreement with the SBA, which is good, okay. So if your loan is under $25,000 you dont really have to worry about any, most of the stuff Im going to talk about. If your loan is over $25,001 then you are required to enter into a collateral agreement with the SBA and Ill let you know what that means here in a sec. Then if your loan is actually over $200,000 then you also have to be a personal guarantee on the loan. Now, the majority of loans okay, the majority of loans out there are under $200,000 because the SBA did impose a $150,000 cap on these loans. But there were some very, very early on that did make it by before that cap was impose

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The extrinsic agreement must, in form, be a collateral one. This means that the extrinsic agreement must not be distinct and independent from the original written agreement.
For example, if a person signs a contract to purchase a car and agrees to pay a certain amount of money, but the salesperson orally promises to include a free warranty, the oral agreement would be considered a collateral contract. The warranty is not included in the written contract, but it is not inconsistent with it.
For a collateral contract to exist, it must be consistent with the main contract, be promissory and contain all the elements of a contract. Additionally, the parties must not have intended it to be part of the main contract and you must give consideration for the promise.
A collateral contract is a contract to enter into an future contract. Part of the consideration for the collateral contract is the promise to enter into the second contract. This is similar to a conditional contract whereby the consideration for one party is conditioned on the other party doing something.
A collateral contract is one where the parties to one contract enter into or promise to enter into another contract. Thus, the two contracts are connected and it may be enforced even though it forms no constructive part of the original contract.
For a person who makes a collateral contract this person must show he/she entered into the main contract in consideration and not representational to be a collateral contract. As to the promissory nature of the statement see J.J Savage and Sons Pty Ltd v Blakney [4] .

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