Loan Agreement vs Promissory Note

A detailed comparison to help you choose the right option.

Loan Agreement

A comprehensive contract between lender and borrower that includes detailed terms, conditions, representations, and covenants.

Advantages

  • Comprehensive protection
  • Detailed terms and conditions
  • Clear default procedures
  • Suitable for large loans

Disadvantages

  • More complex to create
  • Longer negotiation process
  • May be overkill for simple loans
  • Requires more legal review

Promissory Note

A simpler debt instrument where the borrower promises to pay a specific amount under defined terms, focusing on the payment obligation.

Advantages

  • Simple and quick
  • Widely understood
  • Good for straightforward loans
  • Less intimidating to borrowers

Disadvantages

  • Limited legal protections
  • Fewer remedies for default
  • Less detailed terms
  • May not cover complex situations

Key Differences

  • 1Complexity: Loan agreements are comprehensive; promissory notes are simple
  • 2Parties: Loan agreements involve both parties; promissory notes focus on borrower's promise
  • 3Terms: Loan agreements have detailed covenants; promissory notes have basic payment terms
  • 4Enforcement: Loan agreements provide more enforcement mechanisms

Which Should You Choose?

Use a promissory note for simple, personal loans between family or friends where trust is high and amounts are modest. Use a loan agreement for business loans, larger amounts, or when you need detailed protections and enforcement mechanisms.

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