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Equity Release Agreement

Equity Release Agreement Template for Ireland

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Key Requirements PROMPT example:

Equity Release Agreement

"I need a standard Equity Release Agreement under Irish law for a property in Dublin valued at €500,000, where the borrower is seeking to release 40% of the property value with a fixed interest rate and standard negative equity protection."

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Document background
The Equity Release Agreement is a specialized financial product document used in Ireland when homeowners wish to access the equity in their property without selling or moving out. This agreement is primarily designed for older homeowners (typically 55+) who want to release capital from their property while continuing to live there. The document must comply with Irish financial services regulations, including the Consumer Credit Act 1995 and the Consumer Protection Code 2012, as well as relevant EU directives. It details the loan amount, interest calculations, property requirements, borrower obligations, and specific protections required by Irish law. The agreement includes mandatory risk warnings, requires independent legal advice, and typically features a negative equity guarantee. It's particularly relevant in cases where homeowners need additional retirement income, want to make home improvements, or require funds for long-term care planning.
Suggested Sections

1. Parties: Identification of the lender and the property owner(s) entering into the agreement

2. Background: Context of the agreement, including confirmation of independent legal advice received

3. Definitions: Detailed definitions of terms used throughout the agreement

4. The Facility: Details of the equity release facility, including amount and terms

5. Property Requirements: Conditions relating to the property, including maintenance obligations

6. Security: Details of the charge over the property and security requirements

7. Interest and Charges: Specification of interest calculation, rates, and other applicable charges

8. Representations and Warranties: Statements and guarantees made by the property owner

9. Borrower Covenants: Ongoing obligations of the property owner

10. Events of Default: Circumstances constituting default and consequences

11. Term and Repayment: Duration of the agreement and repayment provisions

12. Risk Warnings: Mandatory risk disclosures required by Irish regulations

13. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction

Optional Sections

1. Additional Borrower Provisions: Used when there are multiple property owners or specific borrower circumstances

2. Early Repayment: Include when early repayment options are offered

3. Downsizing Protection: Include when the agreement allows for property downsizing

4. Inheritance Protection: Used when specific inheritance guarantees are offered

5. Portable Terms: Include when the equity release can be transferred to another property

6. Care Provisions: Used when there are specific terms relating to moving into long-term care

7. Negative Equity Guarantee: Include when offering protection against negative equity

8. Additional Borrowing Provisions: Used when future borrowing options are available

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property including title information

2. Schedule 2 - Financial Terms: Detailed breakdown of financial terms, interest rates, and charges

3. Schedule 3 - Conditions Precedent: List of conditions that must be satisfied before drawdown

4. Schedule 4 - Property Valuation: Independent valuation report and methodology

5. Schedule 5 - Insurance Requirements: Detailed insurance obligations and requirements

6. Appendix A - Risk Disclosure Statement: Mandatory risk warnings in prescribed format

7. Appendix B - Independent Legal Advice Certificate: Confirmation of independent legal advice received

8. Appendix C - Occupiers Consent: Consent forms for any other occupants of the property

Authors

Alex Denne

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

alex.den.21@genieai.co
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Relevant Industries

Financial Services

Banking

Real Estate

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Insurance

Mortgage Lending

Senior Care Services

Property Management

Relevant Teams

Legal

Compliance

Risk Management

Mortgage Operations

Product Development

Underwriting

Customer Relations

Financial Advisory

Property Services

Regulatory Affairs

Relevant Roles

Legal Counsel

Mortgage Advisor

Financial Services Manager

Compliance Officer

Risk Manager

Property Valuer

Senior Financial Advisor

Legal Director

Mortgage Operations Manager

Consumer Protection Officer

Product Development Manager

Underwriting Manager

Contract Manager

Regulatory Affairs Director

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