Meaning of Hire Purchase Agreement
A Hire Purchase Agreement is a contract under which goods are given on hire, and the hirer has the option to purchase those goods by complying with the terms of the agreement. It generally includes the following conditions:
- The possession of goods is transferred to the hirer by the owner (seller/creditor).
- The hirer agrees to pay the hire purchase price in periodic instalments.
- The ownership (property) of goods transfers to the hirer only when the last instalment is paid.
- The hirer has the right to terminate the agreement at any time before the ownership is transferred.
Hire purchase is essentially a financing system where the buyer acquires goods by making payments in instalments.
Parties in Hire Purchase
- Hire Purchaser (Buyer / Hirer)
- Hire Vendor (Seller / Creditor)
Nature of Hire Purchase Transaction
- Goods are let out on hire by the seller or a finance company.
- The hirer pays an agreed amount in instalments over a fixed period.
- Ownership remains with the creditor until the final instalment is paid.
- Once the last instalment is paid, ownership passes to the hirer.
- Cash Price of Bike = ₹80,000
- Down Payment = ₹20,000
- Amount financed through instalments = ₹60,000
- Instalment amount = ₹10,000 each
- Total amount paid = ₹90,000
- Additional ₹10,000 paid = Interest, due to delayed payment over instalments
Definition of Hire Purchase
- Possession of goods is delivered by the owner to the hirer on the condition that the agreed amount is paid in periodic instalments.
- Ownership of goods passes to the hirer only upon payment of the last instalment.
- The hirer has the right to terminate the agreement before ownership is transferred.
Features of Hire Purchase System
- Written Agreement - Hire purchase is always based on a written agreement between two parties the Hire Vendor (seller) and the Hire Purchaser (buyer).
- Possession but Not Ownership - The buyer gets immediate possession of the goods at the time of entering into the contract, but ownership remains with the seller until all instalments are paid.
- Payment in Instalments - The hire purchaser makes payment for the goods in periodic instalments, which include both principal and interest.
- Option to Purchase - The agreement provides the buyer an option to purchase the goods after paying all instalments. Once the last instalment is paid, ownership is transferred to the buyer.
- Right to Terminate - The hire purchaser has the right to terminate the agreement at any time before ownership passes. In such cases, the seller can repossess the goods.
- Treatment of Instalments
- If the buyer completes all payments, each instalment is considered as part-payment of the cash price + interest.
- If the buyer stops paying, the instalments already paid are treated as hire charges, and the seller can take back the goods.
- Repossession of Goods - If the hirer fails to pay instalments, the hire vendor has the right to repossess the goods, and the transaction remains a “hire” rather than a “purchase.”
Hire Purchase Agreement
- Description of the motor vehicle or asset
- Total amount payable under the agreement
- Minimum deposit (down payment)
- Term charges and the annual percentage rate (APR)
- Late payment charges
- Date on which hiring begins
- Number of instalments
- Amount of each instalment repayment
- Name of the person/party to whom instalments are payable
- Time and place of payment
- Address where the vehicle or goods will be kept
Parties in a Hire Purchase Agreement
- Seller (Dealer)
- Financier (Finance Company)
- Hirer (Customer/Buyer)
Process of Hire Purchase
- Customer selects goods from the dealer
- Dealer forwards details to the financier
- Financier prepares the Hire Purchase Agreement
- Customer makes the down payment to the dealer
- Documents are sent to the finance company for approval
- Finance company accepts the agreement
- Hirer pays instalments over the agreed period
- Ownership transfers to the hirer on payment of the last instalment
Essentials of a Hire Purchase Agreement
- Delivery of goods must be given by the owner to the hire purchaser.
- Payment is made in instalments at agreed intervals.
- Ownership transfers to the hirer only after full payment of all instalments.
- In case of default, the owner (seller/financier) may repossess the goods, and the instalments already paid are treated as hire charges (rent).
Rights Under a Hire Purchase Agreement
Rights of the Hirer
- The hirer has the right to complete the purchase at any time by paying the full hire purchase price or the remaining balance.
- The hirer may terminate the agreement at any time before ownership passes.
- Upon termination, the hirer must return the goods to the owner.
Rights of the Owner
- The owner has the right to terminate the hire purchase agreement if the hirer defaults on payments or misuses the goods.
- Upon termination, the owner can retain the instalments already paid and recover any arrears due from the hirer.
Difference between Hire Purchase System and Credit Sale
|
Basis
of Difference |
Hire
Purchase System |
Credit
Sale |
|
1.
Applicable Act |
Governed by
the Hire Purchase Act, 1972. |
Governed by
the Sale of Goods Act, 1930. |
|
2. Nature
of Contract |
It is a contract
of hire with an option to purchase. |
It is a contract
of sale. |
|
3.
Transfer of Ownership |
Ownership is
transferred only after payment of the last instalment. |
Ownership is
transferred immediately at the time of sale. |
|
4. Right
of Repossession |
Seller can repossess
the goods if the buyer defaults on instalments. |
Seller cannot
take back the goods; can only sue for recovery of price. |
|
5. Mode of
Payment |
Price is always
paid in instalments. |
Payment is
usually lump sum, but can be instalments if agreed. |
|
6. Time of
Payment |
Payments may
be monthly, quarterly, half-yearly, or yearly. |
Payment
schedule depends on the agreement between parties. |
Journal Entries — Hire Purchaser
|
Date |
Particulars |
L.F. |
Debit (₹) |
Credit (₹) |
|
1 April |
Asset A/c Dr. |
XXXX |
||
|
To Vendor’s
A/c |
XXXX |
|||
|
(Being
asset purchased on hire purchase; cash price) |
||||
|
1 April |
Vendor’s A/c Dr. |
XXXX |
||
|
To Cash A/c |
XXXX |
|||
|
(Being
down payment made) |
||||
|
31 March |
Interest A/c Dr. |
XXXX |
||
|
To Vendor’s
A/c |
XXXX |
|||
|
(Being
interest due on outstanding amount) |
||||
|
31 March |
Vendor’s A/c Dr. |
XXXX |
||
|
To Cash A/c |
XXXX |
|||
|
(Being
instalment paid) |
||||
|
31 March |
Depreciation
A/c Dr. |
XXXX |
||
|
To Asset
A/c |
XXXX |
|||
|
(Being
depreciation charged) |
||||
|
31 March |
Profit &
Loss A/c Dr. |
XXXX |
||
|
To Interest
A/c |
XXXX |
|||
|
To
Depreciation A/c |
XXXX |
|||
|
(Being
interest and depreciation transferred to P&L) |
Journal Entries — Hire Vendor
|
Date |
Particulars |
L.F. |
Debit (₹) |
Credit (₹) |
|
1 April |
Hire
Purchaser’s A/c Dr. |
XXXX |
||
|
To Hire
Sales A/c |
XXXX |
|||
|
(Being
cash price due from hire purchaser) |
||||
|
1 April |
Cash A/c Dr. |
XXXX |
||
|
To Hire
Purchaser’s A/c |
XXXX |
|||
|
(Being
down payment received) |
||||
|
31 March |
Hire
Purchaser’s A/c Dr. |
XXXX |
||
|
To Interest
A/c |
XXXX |
|||
|
(Being
interest due from hire purchaser) |
||||
|
31 March |
Cash A/c Dr. |
XXXX |
||
|
To Hire
Purchaser’s A/c |
XXXX |
|||
|
(Being
instalment received) |
||||
|
31 March |
Interest A/c Dr. |
XXXX |
||
|
To Profit
& Loss A/c |
XXXX |
|||
|
(Being
interest transferred to P&L) |
||||
|
31 March |
Hire Sales
A/c Dr. |
XXXX |
||
|
To Trading
A/c |
XXXX |
|||
|
(Being
hire sales transferred to Trading A/c) |
Illustration (When interest is included in instalments)
- ₹ 10,000 on delivery, and
- three further instalments of ₹ 10,000 each at the end of each year.
Solution
|
Instalment |
Opening balance on which
interest charged |
Interest @10% |
Principal (instalment −
interest) |
|
On delivery
(immediate) |
— |
— |
₹ 10,000
(down payment) |
|
1st
instalment (31-03-2012) |
₹ 24,870 |
₹ 2,487 |
₹ 7,513 |
|
2nd
instalment (31-03-2013) |
₹ 17,357 |
₹ 1,736 |
₹ 8,264 |
|
3rd
instalment (31-03-2014) |
₹ 9,093 |
₹ 907 |
₹ 9,093 |
|
Totals |
₹ 5,130 |
₹ 34,870
(cash price repaid) |
Journal Entries — In the books of Gopal (Hire-Purchaser)
Journal Entries in the Books of Delhi Transport Ltd. (Vendor)
Ledger— In vendor’s books
- Dr. 01-04-2011 To Gopal ₹34,870
- Cr. 31-03-2012 By Trading A/c ₹34,870
Closing notes / checks
- Total principal recovered by vendor = ₹34,870 (cash price).
- Total interest earned by vendor = ₹5,130 (2,487 + 1,736 + 907).
- Total cash receipts from Gopal = ₹40,000 (down payment + three instalments).
- Depreciation in purchaser’s books is charged on the cash price (as you used) and posted to P&L.

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