CPC Lawyers regularly provides advice to individuals who choose to become a Guarantor for another individual, company, trust or self-managed superannuation fund.
This guarantee is a promise to the Lender that they will meet the obligation of loan repayments if the borrower fails to live up to their financial lenders' requirements.
As the individual giving the guarantee, known as the Guarantor, in most instances receives little and/or nothing out this arrangement, whilst exposing themselves to high financial risk, financial institutions require the Guarantor to obtain independent legal advice before signing any guarantee documents.
This includes understanding the risks involved, such as what happens when the borrower defaults on the loan, and the possibility of losing your personal real estate and any other valuable personal assets.
This independent legal advice also provides the financial institution distributing the loan, with the assurance that you have made a free and informed decision to act as Guarantor for the borrower.
Solicitor Guarantor Certificate
Common scenarios Guarantors are required:
Many first home buyers are now looking to the bank of mum and dad. Although this may sound cliche, the bank of mum and dad is another key way in which consumers can get into the marketplace.
Here are some other scenarios:
Parents acting as Guarantors for their child's home loan;
Loans to Companies; and Self-Managed Superannuation Funds
Loans to Family Trusts
Guarantor Legal Advice
You need to obtain independent legal advice, so you fully understand the nature and effect of your obligations as a guarantor.
What we will cover:
Independent legal and accounting advice about the documents you are required to sign;
Consider all your options to ensure that you are making the best financial decision for you; and
Ask all the relevant questions so that you completely understand the documents you are signing.
Solicitor Guarantor Certificate
Frequently Asked Questions
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.
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 that 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.
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.
What information do I need to provide my solicitor?
Your lender or broker will provide you with a suite of documents that need to be reviewed by our legal team.
CPC Lawyers must receive all the relevant documents provided to you by the lender or broker at least 24 hours prior to your appointment in order for us to thoroughly review the documents. This can be emailed to us directly through you, your lender or your broker.
CPC Lawyers must also take reasonable steps to verify the identity of each Guarantor as part of the legal advice process. Our team will inform you which identity documents are suitable.