Frequently Asked Questions About Solicitor Guarantor Certificates in South Australia.
Below are general answers to some of the most frequently asked questions we get asked in relation to Guarantor Certificates.
These answers are designed to help you understand the process of obtaining advice to individuals who choose to become a Guarantor for another individual, company, trust or self-managed superannuation fund
Does a solicitor only have to witness my signature?
Due to the high financial risks involved, the solicitor must be satisfied that you understand the implications of acting as a Guarantor. Independent legal advice must be provided by the Solicitor before signing the appropriate documents.
What information do I need to provide my solicitor?
CPC Lawyers must receive all the relevant documents provided to you by the bank at least 24 hours prior to your appointment in order for us to thoroughly review the documents. This can be emailed to us through email by your bank or broker.
The documents will usually include:
· The loan offer and it’s terms and conditions;
· The Mortgage document and it’s terms and conditions;
· The Guarantee;
· Any applicable trust declaration or company minutes; and
· All disclosure documents such as the loan application and any credit applications and records.
If the above documents have been emailed to CPC Lawyers, you will need to bring the original documents to your meeting for signing.
CPC Lawyers must also take reasonable steps to verify the identity of each Guarantor as part of the legal advice process. This requires you to provide a valid Passport and Driver’s Licence, or alternatively, a valid Driver’s Licence or Passport, Medicare card and Birth Certificate.
What happens if I do not get independent legal advice from a solicitor?
If you do not want to receive proper independent legal advice from a solicitor before signing a Guarantee for a loan, the following scenarios can occur:
· You will not be prepared to satisfy the debt on the borrower’s loan if they default on their repayments;
· The loan is not in the proper format, giving the borrower more rights, therefore limiting your rights as a Guarantor;
· The incorrect property is used as security for the loan;
· The interest rates and/or terms of repayment are higher than you expected.
How much does this cost?
Unfortunately, financial institutions fail to explain the full extent of receiving a Solicitor’s Certificate for Guarantee documents. CPC Lawyers provides a fixed fee which depends on each bank’s expectations and requirements. The risk involved in this process is not limited to the Guarantor only, as our lawyers must provide a high level of advice to each client in order to avoid any negligent actions if a dispute were to arise over the loan.