final hire purchase
TRANSCRIPT
OBJECTIVE
1) To study the meaning of hire purchase
2) To study the rights of hirer and hire
3) To study the agreements of hire purchase
4) To study the entries of hire purchase
METHODOLOGY
Sources of data
Sources of data are means from where information is collected for the study and
analysis purpose. There are two sources of data collection,
1. Primary Data
2. Secondary Data.
For this project I had only used secondary data.
Secondary data- For this project I have also used secondary data. Secondary data
are those data which are collected by the other person and which are used by the
researcher for his present study. I have used the secondary data to understand the
bank credit and investment function from the internet.
INTRODUCTION
Hire purchase (abbreviated HP, colloquially sometimes never-never[1]) is the legal
term for a contract, in which persons usually agree to pay for goods in parts or a
percentage at a time. It was developed in the United Kingdom and can now be
found in Australia, China, India, Jamaica, Japan, Malaysia, New Zealand, and
South Africa. It is also called closed-end leasing. In cases where a buyer cannot
afford to pay the asked price for an item of property as a lump sum but can afford
to pay a percentage as a deposit, a hire-purchase contract allows the buyer to hire
the goods for a monthly rent. When a sum equal to the original full price plus
interest has been paid in equal installments, the buyer may then exercise an option
to buy the goods at a predetermined price (usually a nominal sum) or return the
goods to the owner. In Canada and the United States, a hire purchase is termed an
installment plan; other analogous practices are described as closed-end leasing or
rent to own.
If the buyer defaults in paying the installments, the owner may repossess the
goods, a vendor protection not available with unsecured-consumer-credit systems.
HP is frequently advantageous to consumers because it spreads the cost of
expensive items over an extended time period. Business consumers may find the
different balance sheet and taxation treatment of hire-purchased goods beneficial to
their taxable income. The need for HP is reduced when consumers have collateral
or other forms of credit readily available.
MEANING AND CONCEPT OF HIRE PURCHASE
Hire-purchase system is a special system of purchase and sale of goods. Under this
system purchaser pays the price of the goods in installments. The installments may
be annual, six monthly, quarterly, monthly fortnightly etc. Under this system the
goods are delivered to the purchaser at the time of agreement before the payment
of installments but the title on the goods is transferred after the payment of all
installments as per the hire-purchase agreement. The special feature of a hire-
purchase transaction is that the payment of every installment is treated as the
payment of hire charges by the purchaser to the hire vendor till the payment of the
last installment.. After the payment of the last installment, the amount of various
installments paid is appropriated towards the payment of the price of the goods
sold and the ownership or the goods is transferred to the purchaser. Thus hire-
purchase means a transaction where the goods are sold by vendor to the purchaser
under the following conditions:
The goods will be delivered to the purchaser at the time of agreement.
The purchaser has a right to use the goods delivered.
The price of the goods will be paid in installments.
Every installment will be treated to be the hire charges of the goods which
are being used by the purchaser.
If all installments are paid as per the terms of agreement, the title of the
goods is transferred by vendor to the purchaser.
If there is a default in the payment of any of the installments, the vendor will
take away the goods from the possession of the purchaser without refunding
him any amount received earlier in the form of various installments
HISTORY OF HIRE PURCHASE
Hire purchase has been there in India for more than 6 decades. The first hire
purchase company is believed to be Commercial Credit Corporation, successor to
Auto Supply Company. This company was based in Madras. In north India, Motor
and General Finance and Installment Supply Company was set up. This was
around 1925.
Consumer durables hire purchase was promoted by the dealers in the equipment.
Singer Sewing Machine or Murphy radio dealers would provide installment
facilities on hire purchase basis to the customers of their products. Hire purchase of
commercial vehicles also has flourished fast.
FEATURES AND BENEFITS OF A HIRE PURCHASE
When you enter into a hire purchase arrangement, your financier is agreeing to
purchase equipment – or a vehicle – on your behalf, and then hire it back to you
over a set term. This means you have the use of the vehicle during that term, but
don‘t own it.
Other features of a hire purchase include:
A loan term of between three and five years. As part of the hire agreement
you can choose how long you want to hire your vehicle back for.
You own the vehicle at the end. At the end of a hire purchase agreement,
once you have made your final payment and any balloon payment you
implemented, the vehicle is automatically yours.
Upfront costs. When you first enter into a hire purchase you will need to
make an initial loan payment and pay a deposit, stamp duty and registration
fees. In some cases you can negotiate that some of these fees be added to the
hire amount.
Full monthly repayments. The monthly repayments due on your hire
purchase will be calculated on the total amount of the purchase price, plus
interest charges, duties and other loan fees.
Do you want a balloon? With a hire purchase you can choose whether or not
to have a balloon payment due at the end of the loan term. Having a balloon
payment will lower your monthly repayments, but this amount will be
payable at the end of the term, and you need it to correlate to the market
value of the vehicle at the time.
More expensive insurance. When you are hiring a vehicle rather than buying
it outright, your insurance company can often impose higher premiums.
Keep, sell or refinance your hire purchase. At the end of the hire purchase
term you can keep the car after you make your final payment and pay out
any balloon. You can also sell or trade in the vehicle, but the risk of risk of
dropping value now becomes yours. Or you can refinance the balloon
amount over a new term if you want to keep the vehicle for a few more
years.
Unlimited miles. There are no limits to the miles you can put on the clock
with a hired vehicle, but just keep in mind that the more miles the vehicle
has, the lower its value will be at the end of the hire term.
Tax benefits. With a hired vehicle you are able to claim depreciation of the
purchase price, plus the interest charges on your loan, and the ongoing
running costs of the vehicle, based on the percentage of business use.
ADVANTAGES AND DISADVANTAGE OF HIRE PURCHASE
ADVANTAGES OF HIRE PURCHASE
Spread the cost of finance. Whilst choosing to pay in cash is preferable, this might
not be possible for consumer on a tight budget. A hire purchase agreement allows a
consumer to make monthly repayments over a pre-specified period of time.
1) Interest-free credit
Some merchants offer customers the opportunity to pay for goods and services on
interest free credit. This is particularly common when making a new car purchase
or on white goods during an economic downturn.
2) Higher acceptance rates
The rate of acceptance on hire purchase agreements is higher than other forms of
unsecured borrowing because the lenders have collateral;
3) Sales
A hire purchase agreement allows a consumer to purchase sale items when they
aren't in a position to pay in cash. The discounts secured will save many families
money;
4) Debt solutions
Consumers that buy on credit can pursue a debt solution, such as a debt
management plan, should they experience money problems further down the line.
DISADVANTAGES OF HIRE PURCHASE
1) Personal debt
A hire purchase agreement is yet another form of personal debt it is monthly
repayment commitment that needs to be paid each month.
2) Final payment
A consumer doesn't have legitimate title to the goods until the final monthly
repayment has been made.
3) Bad credit.
All hire purchase agreements will involve a credit check. Consumers that have a
bad credit rating will either be turned down or will be asked to pay a high interest
rate;
4) Creditor harassment
Opting to buy on credit can create money problems should a family experience a
change of personal circumstances.
5) Repossession rights
A seller is entitled to 'snatch back' any goods when less than a third of the amount
has been paid back. Should more than a third of the amount have been paid back,
the seller will need a court order or for the buyer to return the item voluntarily.
DIFFERENT METHOD OF HIRE PURCHASE
FUNCTION
Hire purchases are used to acquire houses, automobiles, furniture, and other large
items that generally cannot be paid in a lump sum. Hire purchases function as legal
documents for which the lender can legally hold the title until the item is paid in
full.
TYPES
A hire purchase can be an installment or deferred payment plan. In the former, a
set monthly payment is paid on a certain day each month for a specified length of
time. After the last payment, the item becomes the purchaser's property. In the
latter, the property immediately belongs to the purchaser while payments are
regularly made.
TIME FRAME
A hire purchase can be for a few months up to many years. The interest rate can
vary from low to high, depending on the institution granting the agreement.
Usually, a more expensive item will be set up for 10, 15, or more years. Typically,
a mortgage covers a span of 30 years.
FACTS
To be valid, a hire purchase must be signed by both parties. It should contain a
description of the item, the price paid, the deposit (if any), monthly amounts due,
statement of each party's rights, and requirements, if any, for early termination.
BENEFITS
Hire purchase allows a person to buy an item, such as a house, over a long period
of time. With such an agreement, the buyer can enjoy his property while making
payments. The buyer also has the right to sell the property and allow the new
purchaser possession of his house.
WARNING
If the purchaser fails to make the installments in a timely manner, the lender has
the right to repossess the property or item. In severe cases, the purchaser may file
for foreclosure or bankruptcy, at which time the item's ownership will be returned
to the lender.
CONSIDERATIONS
Generally, a person must be at least 18 years of age to enter into a valid hire
purchase. There is no upper age limit to incurring such a purchase agreement. Each
person should carefully consider his financial position before incurring any type of
hire purchase.
STANDARD PROVISIONS OF HIRE PURCHASE
To be valid, HP agreements must be in writing and signed by both [parties].They
must clearly lay out the following information in a print that all can read without
effort:
1. A clear description of the goods
2. The cash price for the goods
3. The HP price, i.e., the total sum that must be paid to hire and then purchase the
goods
4. The deposit
5. The monthly installments (most states require that the applicable interest rate is
disclosed and regulate the rates and charges that can be applied in HP
transactions).
6. A reasonably comprehensive statement of the parties' rights (sometimes
including the right to cancel the agreement during a "cooling-off" period).
7. The right of the hire to terminate the contract when he feels like doing so with a
valid reason.
THE SELLER AND THE OWNER
If the seller has the resources and the legal right to sell the goods on credit (which
usually depends on a licensing system in most countries), the seller and the owner
will be the same person. But most sellers prefer to receive a cash payment
immediately. To achieve this, the seller transfers ownership of the goods to a
Finance Company, usually at a discounted price, and it is this company that hires
and sells the goods to the buyer. This introduction of a third party complicates the
transaction. Suppose that the seller makes false claims as to the quality and
reliability of the goods that induce the buyer to "buy". In a conventional contract of
sale, the seller will be liable to the buyer if these representations prove false. But,
in this instance, the seller who makes the representation is not the owner who sells
the goods to the buyer only after all the installments have been paid. To combat
this, some jurisdictions, including Ireland, make the seller and the finance house
jointly and severally liable to answer for breaches of the purchase contract
Implied warranties and conditions to protect the hirer
The extent to which buyers are protected varies from jurisdiction to jurisdiction,
but the following are usually present:
1. The hirer will be allowed to enjoy quiet possession of the goods, i.e. no-one will
interfere with the hirer's possession during the term of this contract
2. The owner will be able to pass title to, or ownership of, the goods when the
contract requires it
3. That the goods are of merchantable quality and fit for their purpose, save that exclusion clauses may, to a greater or lesser extent, limit the Finance Company's liability Where the goods are let by reference to a description or to a sample, what is actually supplied must correspond with the description and the sample.
THE HIRER'S RIGHTS
The hirer usually has the following rights:
1. To buy the goods at any time by giving notice to the owner and paying the
balance of the HP price less a rebate (each jurisdiction has a different formula for
calculating the amount of this rebate)
2. To return the goods to the owner — this is subject to the payment of a penalty to
reflect the owner's loss of profit but subject to a maximum specified in each
jurisdiction's law to strike a balance between the need for the buyer to minimize
liability and the fact that the owner now has possession of an obsolescent asset of
reduced value
3. with the consent of the owner, to assign both the benefit and the burden of the
contract to a third person. The owner cannot unreasonably refuse consent where
the nominated third party has good credit rating
4. Where the owner wrongfully repossesses the goods, either to recover the goods
plus damages for loss of quiet possession or to damages representing the value of
the goods lost.
THE HIRER'S OBLIGATIONS
The hirer usually has the following obligations:
1. To pay the hire installments
2. To take reasonable care of the goods (if the hirer damages the goods by using
them in a non-standard way, he or she must continue to pay the installments and, if
appropriate, compensate the owner for any loss in asset value)
3. To inform the owner where the goods will be kept.
4. A hirer can sell the products if, and only if, he has purchased the goods finally or
else not to any other third party.
It is pretty much similar to installment but the main difference is of ownership.
THE OWNER'S RIGHTS
The owner usually has the right to terminate the agreement where the hirer defaults
in paying the installments or breaches any of the other terms in the agreement. This
entitles the owner:
1. To forfeit the deposit
2. To retain the installments already paid and recover the balance due
3. To repossess the goods (which may have to be by application to a Court
depending on the nature of the goods and the percentage of the total price paid)
4. To claim damages for any loss suffered
HIRE PURCHASE V/S LEASING
1) The hire has the option to purchase
the goods‡
In leasing the lessee has no option to
buy the goods
2) Is a method of financing business
assets & consumer articles
Is a method of financing business
assets only
3) Depreciation & investment
allowance can be claimed
Depreciation & investment allowance
cannot be claimed
4) Only the interest is tax component
deductible
Entire lease rental is tax deductible
5) Hirer enjoys the salvage value of
the asset‡
salvage value of the asset
6) 20-25% deposit is required in hire
purchase
No deposit is required in leasing
7) In hire purchase we purchase the
goods
In leasing we rent the goods
8) The extent of finance is not100%
because of down payment
The extent of finance is 100% as no
down payment required
9) Hirer bears the cost of maintenance Maintenance cost is borne by the
lessor except in finance lease
HIRE AND PURCHASE AGREEMENT DEFINITION
HIRE AND PURCHASE AGREEMENT is a contract (more fully called contract
of hire with an option of purchase) in which a person hires goods for a specified
period and at a fixed rent, with the added condition that if he shall retain the goods
for the full period and pay all the installments of rent as they become due the
contract shall determine and the title vest absolutely in him, and that if he chooses
he may at any time during the term surrender the goods and be quit of any liability
for future installments upon the contract. In the United States such a contract is
generally treated as a conditional sale, and the term hire purchase is also
sometimes applied to a contract in which the hirer is not free to avoid future
liability by surrender of the goods. In England, however, if the hirer does not have
this right the contract is a sale.
INTRODUCTION TO HIRE PURCHASE
Purchase and sale of goods under Hire-Purchase system is governed by the Hire-
Purchase Act, 1972. This Act was passed on 8th June, 1972 and came into force
w.i.e. September 1, 1973.
Here, the word “hire” denotes, the sum payable periodically by the hirer under a
hire-purchase agreement.
Under the Hire Purchase System, the owner of the goods lets his goods on hire and
gives an option to the hirer to purchase the goods in accordance with a specific
agreement called Hire Purchase Agreement.
Agreement includes:-
Possession of goods is delivered by the owner thereof to a person on
condition that such person pays the agreed amount in periodical
installments.
The property in the goods is to pass to such person on the payment of
the last of such installments
Such person has a right to terminate the agreement at any time before
the property so passes.
“Hire-Purchase Price” means the total sum payable by the hirer under a hire-
purchase agreement in order to complete the purchase of, or the acquisition of
property in, the good to which the agreement relates and includes and sum so
payable by the hirer under hire-purchase agreement by way of a deposit or other
initial payment, or credited or to be credited to him under such agreement on
account of any such deposit or payment, whether that sum is to be or has been paid
to the owner or to any other person or is to be or has been discharged by payment
of money or by transfer or delivery of goods or by any other means; but does not
include any sum payable as a penalty or as compensation or damages for breach of
the agreement.
“Hirer” means the person who obtains or has obtained possession of goods from an
owner under a hire-purchase agreement, and includes a person to whom the hirer’s
rights or liabilities under the agreement have passed by agreement or by operation
of law.
“Owner” means the person who lets or has let, delivers or has delivered possession
of goods; to a hirer under a hire-purchase agreement have passed and includes a
person to whom the owner’s property in the goods or any of the owner’s right or
liabilities under the agreement has passed by the assignment or by operation of
law.
CONTENTS OF HIRE-PURCHASE AGREEMENT
According to the Act, every hire-purchase agreement shall state:
The Hire-Purchase price of the goods to which the agreement relates.
The cash price the goods, that is to say, the price at which the goods may be
purchased by the hirer for cash.
The date on which the agreement shall be deemed to have commenced
The number of installments by which the hire-purchase price is to be paid, the
amount of each of those installment, and the date, or the mode of determining the
date, upon which it is payable, and the person to whom and the place where it is
payable.
The goods to which the agreement relates, in a manner sufficient to identify
them.
Hire Purchase Agreement Participants
1) The Finance Company
The customer agrees with the finance company to use the vehicle for a certain
period, provided there is settlement of initial fees. When the payments are fully
made, the customer has the option of car ownership by purchasing it by also paying
the Option to Purchase fee.
2) The Dealer
The dealer is the middle man with whom the customer makes the initial
arrangement. He sends the draft of the sale to the finance company. Once accepted,
the contract will be signed by the customer and the finance company will be
invoiced by the dealer. In essence, the finance company pays for the purchase and
allows the customer to use the it. The latter in turn, pays the company on an agreed
term.
3) Customer (Debtor)
The customer is a main participant in the agreement as he is the ultimate owner of
the purchased unit once he has paid it in full subject to the agreed conditions.
In order to conclude a Hire Purchase Agreement, one of the following has to take
place:
• Early Settlement
Once the customer is able to pay the full settlement and has decided to pay the loan
in full even ahead of the agreed time, he may do so at any time. The customer also
needs to pay to the lender the Option to Purchase fee. Depending on the lender, he
may give the buyer a rebate on the unused interest. But the minimum amount of
the rebate is dictated by law if the agreement is regulated by Consumer Credit Act.
• End of Contract/ Agreement
When all the agreed payments are made at the end of the contract for Hire
Purchase, the customer usually pays the Option to Purchase fee and then be the
legal owner of the unit. But even when the car was fully paid, it can be returned if
the buyer wants to. A fee will be set by the finance company, a minimum of £1
without any maximum limit.
4) Charges / Fees
Usually, finance companies charge a starting fee, often known for different terms
such as set up fee, administration fee, facility fee or documentation fee. And the
final payment is the Option to Purchase fee which signals the official transfer of
the goods to the buyer. With Hire Purchase Agreements, no mileage condition is in
effect.
Prior to entering the Personal Contract Purchase, take note of the following:
1. A Hire Purchase Agreement is a contract between a debtor (customer) and a
lender (Finance Company). At the end of the agreement or at any point before that,
the debtor has the option to own the purchased goods.
2. The customer may pay a deposit plus interest. The remaining amount and other
interests may be settled over a certain fixed period.
3. Other fees, such as facility fee or acceptance fee may be included in the contract.
4. Up until the customer settles the Option to Purchase fee, the title remains in the
hands of the Finance Company.
ACCOUNTING FOR HIRE PURCHASE
Hire purchase is an agreement between two parties in which one party purchase
any asset from other party. Because he has no money to pay, so he pays per month
hire charges. Vendor has the possession of asset. When buyer pays total price of
assets in the form of hire charges, then asset is transferred to its purchaser. Vendor
may also transfer asset before last payment of installment on his own risk. If buyer
will become defaulter, vendor has right to get his asset from hire purchaser.
Accounting Methods for Hire Purchase Transaction
For accounting point of view both hire purchase and installment payment system
are same. Before accounting, we should know following things
a) Cash price is that price which will be paid if any asset is purchased on cash
without installment.
b) Hire price = cash price + interest for risk of giving asset on installment.
c) Down payment = Payment at the beginning of deal of hire purchase.
There are four methods of accounting for hire purchase
1st Method: Cash Price Method
Under cash price method, we are deal hire purchase transactions just like normal
transactions. When transactions or event happen, we record them.
Journal Entries in the books of Purchaser
Particulars Amounta) For buying assets on hire purchase
Asset on hire purchase account Dr. To Vendor account
b) For paying the down payment to vendor Vendor account Dr
To Cash/ bank
c) When Interest is Due on unpaid installments Interest on Hire Purchase account Dr. To Vendor Account
d) For Installment Payment ( Interest payment will be also included in it) Vendor Account Dr.
To Cash / Bank account
e) For transferring interest to profit and loss account Profit and Loss account Dr.
To Interest on hire purchase account
f) For depreciation charge Depreciation account Dr.
To Assets on hire purchase account
g) If Asset is returned Hire Vendor account Dr.
To Asset on hire purchase account
IN THE BOOKS OF HIRE VENDOR
PARTICULARS AMOUNT
a) For giving assets on hire Hire purchaser account Dr.
To H.P. Sale
b) For down payment received Bank account Dr.
To H.P. Sales
c) For Interest receivableHire purchaser account Dr.
To Interest account
d) For installment dueInstallment due account Dr. To H.P. Sales
e) For installment received Bank account Dr.
To Hire purchaser account
f) For installment not due at the yearHire purchase stock account Dr.
To Trading account
g) For stock reserve Stock Reserve account Dr.
To Hire purchase stock account
2ND METHOD INTEREST SUSPENSE METHOD
In this method, we open interest suspense account. All the interest which is not paid on hire purchase asset will go to interest suspense account. When interest will become due, interest account will be debit and interest suspense account will credit.
Following entries will pass in the books of hire buyer
Particulars Amounta) For transferring total interest payable on hire purchase deal
Interest suspense account Dr. To Hire purchase account
b) When interest is due
Interest account Dr.
To Interest suspense account
All other entries will be same as first method.
IN THE BOOKS OF HIRE VENDOR
a) For transferring total interest payable to interest suspense account
Hire purchaser account Dr.
To Interest suspense account
b) when interest is due
Interest suspense account Dr. To Interest account
all journal entries will be same of first method
Disclosure in the balance sheet
Current Assets
Hire purchase debtors
Less balance in interest suspense account
3RD METHOD: TRADING METHOD
In this method, the hire purchase trading account is prepared in the book of vendor
of asset in the form of hire purchase system.
4TH METHOD: STOCK AND DEBTOR METHOD
In this method, hire purchase stock, hire purchase debtor and hire purchase
adjustment account are maintained.
Following entries will pass in the books of vendor
a) When goods are sold on hire purchase Hire purchase stock account Dr. ( Hire purchase price)
To stock account ( Actual cost of sale of goods ) To Hire purchase adjustment account
( difference between hire purchase price and actual cost )
b) When installments become due for payment Hire purchase debtors account Dr.
To Hire purchase stock account
c) When cash is received Cash account Dr. To Hire purchase debtor account
d) stock reserve account on opening stock stock reserve account Dr. To Hire purchase adjustment account
e) Stock reserve on closing stock
Hire purchase adjustment account Dr. To Stock reserve account
CALCULATION OF INTEREST
The total payment made under hire-purchase system is more than cash price. In
fact, this excess of payment over the cash price is interest. It is very essential to
calculate interest because the amount paid for interest is charged to revenue and the
asset is capitalized at cash price. Thus normally all installments will include a part
of cash price and a part of interest on the outstanding balance. However the amount
paid at the time of agreement (down payment) will not include any interest. The
calculation of interest is made under two conditions:
(a) When interest is included in amount of installment:
Where the hire-purchase price i.e. payment made in the form of down payment and
all installments is more than the cash price, it is regarded that the interest is
included in installments. It is explained in the following example.
Worked out Example-1 (Calculation of Interest)
On Ist April,2005 Mr. X purchased from M/s Y & Co. one 'Motor Truck' under
hire-purchase system, Rs. 5,000 being paid on delivery and the balance in five
annual installments of Rs. 7,500 each payable on 31st March each year. The cash
price of the motor truck is Rs. 37,500 and vendors charge interest at the rate of 5
per cent per annum on yearly balances. Find out the amounts of principal and
interest included in each installment.
(b) When interest is not included in installments:
Where the total amount paid in the form of down payment and all installments is
exactly equal to the cash price, it is regarded that the interest is not included in
installments. It means that interest is payable in addition to the agreed amount of
installment. It is explained in the following example.
Worked out Example-2 (Calculation of Interest): On April 1, 2005, A
Transport Company purchased a Motor Lorry from Motor Supply Co. Ltd. on hire-
purchase basis, the cash price being Rs. 60,000. Rs. 15,000 on signing of the
contract and balance in three annual installments of Rs. 15,000 each on 31st March
every year. In addition to it, interest at 5 per cent per annum was also payable to
vendors on outstanding balances.
CASE STUDY: HIRE PURCHASE
This study attempts to analyze the quantitative as well as qualitative information to
identify and evaluate the performance and current state of affairs of finance
companies in the field of hire purchase financing in Pokhara. The study reveals
that the credit-deposit ratios are very satisfactory. The relationship between total
deposit collection and total loan to hire purchase loan is highly significant. The
businessperson and professional users are predominantly rushing in utilizing the
hire purchase financing due to the easy payment terms. The IRR on hire purchase
loan is normally higher than their explicit rate of interest and service charge.
Except in few cases, there are loan defaulters in all finance companies. In general,
the performance of finance companies in hire purchase financing is satisfactory.
The Commonest method OF selling property is the cash sale. The credit sale
system is an alternative method of cash sale. The third system of selling property is
the installment system. In, installment system, property are delivered to the buyer
immediately but payments is made in periodic installments such as weekly or
monthly, quarterly or half-yearly or yearly so on. Hire purchase and installment
purchase systems are the major parts of installment system. However, hire
purchase installment system is the prime concern of this study.
With an increasing demand for better life, the consumption of property has been on
the uprising scale. This has not been backed up by adequate purchasing power,
transforming it into effectual demand (Mukharjee and Hanif 1998). This has
created the market for hire purchase system. When a person is unable to acquire an
asset against immediate cash payment, he may arrange with the vendor to stagger
the payment. Financial institution plays role of facilitators between buyer and
seller to enter into the hire purchase agreements.
Hire purchase agreement makes it possible for businesspersons, professionals and
others to take advantage of assets all of which enable them to organize and operate
their activities effectively. After the liberalization policy introduced in 1990, the
financial sector especially the finance companies have contributed significantly to
increase the hire purchase business in Nepal. In this study, therefore, an attempt
has been made to analyze the current performance of finance companies in
Pokhara in the field of hire purchase financing.
SAMPLE: AGREEMENT TO PURCHASE REAL ESTATE
The undersigned (herein “Purchaser”) hereby offers to purchase from the
owner (herein “Seller”) the real estate located at_______________in the city
of__________________________, County of_________________, State
of_______________________, the legal description of which
is:___________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Upon the following terms and conditions:
1. Purchase Price and Conditions of Payment
The purchase price shall be_____________________Dollars ($______) to
be paid in accordance with subparagraph________________________,
below:
A: Cash. The purchase price shall be paid in its entirety in cash at the time of
closing the sale.
B: Cash Subject to New Mortgage. The purchase price shall be paid in cash
at the time of closing the sale Subject, however, to Purchaser’s ability to
obtain a first mortgage loan within __________days after the acceptance of
this offer by Seller in the amount of $______________, payable in not less
than ______________monthly installments, including interest at a rate not to
exceed _____________% financing. If such financing cannot be obtained
within the time specified above then either Purchaser or Seller may
terminate this agreement and any earnest money deposited by Purchaser will
be promptly refunded.
C: Cash Subject to Existing Mortgage. The purchase price shall be paid in
cash at the time of closing the sale after deducting from the purchase price
the then outstanding balance due and owing under the existing mortgage in
favor of _____________, dated_____________, 20___, in the original
amount of $________________; of such mortgage debt is approximately
$________________ as of _________________, 20____.
D: Cash with Assumption of Existing Mortgage. The purchase price shall be
paid in cash at the time of the closing of the sale after deducting from the
purchase price the then outstanding balance due and owing under the
existing mortgage in favor of _______________, dated_________________,
20___, having a present balance of approximately $___________________,
as of _______________, 20___, which the purchaser hereby assumes and
agrees to pay in accordance with its terms and to perform all of it provisions;
purchaser shall pay any and all payments coming due after the closing of the
sale. Any transfer fees required by the mortgage shall be paid
by________________.
E: Sale by Land Contract. The purchase price shall be paid in accordance
with the certain land contract attached hereto and incorporated into this
contract by this reference. The down payment to be made at the time of
closing this sale shall be $_____________and the balance of
$_________shall be paid at the rate of ___________% per annum.
2. Earnest Money Deposit As earnest money Purchaser deposits
$__________________with the broker which shall be applied to the
purchase price at the time of closing the sale. In the event that this offer is
not accepted by Seller this earnest money deposit shall be promptly refunded
to Purchaser by the broker. In the event that this offer is accepted by Seller
and Purchaser shall fail to perform the terms of this agreement the earnest
money deposit shall be forfeited as and for liquidated damages suffered by
Seller. Seller is not, however, precluded from asserting any other legal or
equitable remedy, which may be available to enforce this agreement.
SAMPLE (continued)
3. Real Estate Taxes, Assessments, and Adjustments Real Estate Taxes
accrued against the property shall be prorated through the date of closing the
sale and Seller shall pay all taxes allocated to the property through that date
of acceptance of this offer to purchase. Rents, if any, shall be prorated
through the date of closing and all rent deposits shall be transferred to
Purchaser. Existing casualty insurance shall be canceled/prorated through
the date of closing.
4. Title to the Property:
Seller shall provide purchaser prior to the closing and promptly after the
acceptance of this offer, at Seller’s expense and at Seller’s option an abstract
of title to the property brought down to date or an owner’s policy of title
insurance in an amount equal to the purchase price, said abstract of policy to
show marketable or insurable title to the real estate in the name of Seller
subject only to easements, zoning and restrictions of record and free and
clear of all other liens and encumbrances except as stated in this offer. If the
abstract or title policy fails to show marketable or insurable title in Seller a
reasonable time shall be permitted to cure or correct defects. Seller shall
convey title to Purchaser at the time of closing by a good and sufficient
general warranty deed free and clear of all liens an encumbrances except as
otherwise provided in this offer and subject to easements, zoning and
restrictions of record.
5. Possession of the Property
Purchaser shall be given possession of the property on _______________,
20____. A failure on the part of Seller to transfer possession as specified
will not make Seller a tenant of Purchaser, but in such event Seller shall pay
to Purchaser $____________________per day as damages for breach of
contract and not as rent. All other remedies, which Purchaser may have
under law, are reserved to Purchaser.
6. Risk of Loss
The risk of loss by destruction or damage to the property by fire or otherwise
prior to the closing of the sale is that of Seller. If all or a substantial portion
of the improvements on the property are destroyed or damaged prior to the
closing and transfer of title this agreement shall be void able at Purchaser’s
option and in the event Purchaser elects to avoid this agreement the earnest
money deposited shall be promptly refunded.
7. Improvements and Fixtures Included
This offer to purchase includes all improvements, buildings and fixtures
presently on the real estate including but Not limited to electrical, gas,
heating, air conditioning, plumbing equipment, built-in appliances, hot water
heaters, screens, storm windows, doors, Venetian blinds, drapery hardware,
awnings, attached carpeting, radio, television antennas, trees, shrubs,
flowers, fences and_____________________________________
_____________________________________________________________
_____________________________________________________________
__________________________________________________
8. General Conditions
It is expressly agreed that this agreement to purchase real estate includes the
entire agreement of Purchaser and Seller. This agreement shall be binding
upon the heirs, personal representatives, successors and assigns of both
Purchaser and Seller. This agreement shall be interpreted and enforced in
accordance with the laws of the State of_________________________.
SAMPLE (concluded)
9. Special Conditions
_____________________________________________________________
_____________________________________________________________
____________________________________________________________
_____________________________________________________________
10. Time for Acceptance and Closing
This offer is void if not accepted by Seller in writing on or before
_________________________ A.M. /P.M. of the
__________________________day of ____________________ 20____.
Closing of the sale shall take place _____________ days after Purchaser’s
receipt of an abstract showing Marketable title in Seller or title insurance
binder showing insurable title in Seller.
This offer is made at ______________________________, State of
____________________, this ____________________ day of
________________________________, 20_______.
____________________________
(PURCHASER)
____________________________
(PURCHASER)
Acceptance by Seller
The foregoing offer to purchase real estate is hereby accepted in accordance
with the terms and conditions specified above. The undersigned hereby
agrees to pay a brokerage fee of $_______________________ to
__________________, broker, in accordance with the existing listing
contract.
Dated this ____________________________ day of
_____________________________, 20_____.
____________________________
(SELLER)
____________________________
(SELLER)
CONCLUSION
In today’s world, asset based financing has formed an integral part of the
Financing scenario. This is because firms today can’t afford to buy the equipment’s
and machineries outright. At present not all firms are that financially sound. Firms
find it extremely difficult to obtain the financial aid from the normal sources.
Firms that have the financial capacity prefer to hire or lease the equipment’s, it
releases the financial burden as well as provides tax benefit of depreciation.
Especially, Project financing has come of age as most of the banks today are into
project financing. Earlier, it was chartered accountants who indulged into project
financing but now it is more of bank involvement. But today the growth in Project
Finance is low whereas lease and hire purchase are on an upward trend with more
and more companies providing their products on hire. So in the changing economic
and financial environment of India, hire purchase financing has assumed an
extremely important role.