What is a Solicitor/Guarantor Certificate?
Generally, a Solicitor’s Certificate is required by banks when you have been asked to guarantee a loan. A guarantee to a loan is an agreement made by a third party to the loan to secure the repayments, and repay the amounts owing if the borrower is unable to. The solicitor has the responsibility to explain and review all loan documents, the guarantee and any other associated documents before you sign them.
A solicitor will advise borrowers and guarantors on the details, obligations, and consequences of the proposed documents. In doing so, your solicitor will advise you on various matters regarding the documents such as the following matters:
In the event that the borrower fails to make payment on time, the guarantor is liable to remedy that failure. This means that the guarantor could be liable for the amount owed to the lender including any additional costs such as interest or unpaid legal fees.
If the guarantor fails to remedy the non-payment of the loan or fails to meet any terms and conditions associated with the loan agreement then the lender has the right to sue the guarantor. If this fails to settle the debt, the lender may take possession of any property secured to the lender to recover the amount owing.
Solicitor’s Certificates are a protection for you as they ensure that you fully understand what you are signing. However, they are also a protection for the bank, as it means that you as the guarantor acknowledge that you understand your obligations under the loan agreement. Therefore, getting independent legal advice prior to signing loan documents allows you to make a clear and informed decision. It also allows the bank to rely on the solicitor’s certificate as evidence of your informed decision and consent to the guarantee.
Book in a consultation
ASAP Lawyers regularly accepts instructions and provides Solicitor’s/Guarantors Certificate to our clients. Contact us on 03 9450 9400 to make an appointment for a consultation.
How long does it take?
Typically, we are able to review the documents and provide the certificate on the same day. Allow at least an hour for your appointment.
What to bring to your appointment
At the consultation, our solicitors will usually at a minimum the following documents:
Copies of all loan documents provided; and
100 points of identification.