Solicitor’s guarantee certificate

We will give you advice you require in relation to your loan and security documents.

Some financial institutions require borrowers or guarantors to obtain independent legal advice as a condition of their loans. These are commonly required where:

  • parents are guaranteeing their child’s home loan;
  • a person is guaranteeing a loan for the purchase of a property through their Self-Managed Superannuation Fund (SMSF);
  • a person is guaranteeing a loan to a family trust;
  • a borrower is contributing less than 20% of the property value; and
  • a person is guaranteeing the debt of their spouse or other family member.

our services

How we can help you

We will give you advice you require in relation to your loan and security documents.

Solicitor’s Guarantee Certificate

$660 inc GST

We will:

  • review the documents the lender has sent to you (you must give us all of these documents, including the brochures, at least 2 business days before the conference);
  • meet with you in person at our office and advise you in relation to the documents; and
  • provided everything is in order, sign the certificate.

In most cases, we are only able to advise one borrower or one guarantor in relation to a transaction.

Please note:

  • This service is not available by telephone or video conference.
  • This service is not available for advice on complex commercial loans, for people who require an interpreter, or for transactions which involve borrowings over $2 million.
  • Our fixed fee for this service is $660 for one borrower or guarantor for a straightforward loan or guarantee. Additional charges will apply for more complex documents or transactions or if we are acting for multiple parties (where we consider it appropriate to do so). Upon receiving the documents, we will confirm that our fixed fee applies, or inform you of any additional charges.
  • You must give us the documents at least 2 business days before the conference. If you require and we can accommodate, an urgent appointment, a surcharge may apply.

FAQs

This service is not about witnessing your signature. We are required to review the loan documents, give you advice and satisfy ourselves that you understand the nature and implications of the transaction. The lender requires us to certify to them that we have done this.

Many people have a general understanding of what it means to be a guarantor. Nevertheless, in the last few decades, guarantors and borrowers alike have challenged the enforceability of loan documents claiming they didn’t understand them when they signed.

In response, many lenders require borrowers and guarantors to obtain independent legal advice as a condition of advancing monies.

Generally, one hour.

You must give us all the documents that the lender has given you – not just the certificate we are being asked to sign. These will usually include the loan, terms and conditions, a mortgage, a guarantee and various disclosure documents.

We must receive these documents at least 2 days before the appointment. They can be delivered, posted or emailed to us.

Please read the documents and make a list of any questions you have.

If you arrive at the appointment without having read the documents, we will not be able to proceed.

No. If you decide that you are not prepared to sign the loan documents, you aren’t obliged to sign them. The borrower can find another way to secure funding.

Lawyers are required to avoid acting for parties who have (or potentially have) conflicting interests.

Where two or more people are borrowing or guaranteeing a loan, their personal interests and financial positions may well result in the potential for a difference in their interests and the advice that should be given. 

As a result, we usually only act for one person in any given transaction.

Why choose us

Our experienced lawyers provide great service at competitive prices.
01.
Benefit from our experience

We’re a law firm with more than 35 years’ experience in litigation and dispute resolution. From straightforward debt collection to Supreme Court trials, these are core services of our firm.

02.
Excellent value for money

We price our services fairly and transparently. We advertise fixed prices for standard services. Otherwise, we will analyse your requirements before issuing a written quote.

03.
100s of happy clients

Our goal is to anticipate your needs and exceed your expectations. We offer friendly and efficient service. Read what our clients say.

Meet our team

We’re a tight-knit, multi-disciplinary team of lawyers, legal executives, accountants and software developers.  We’re also passionate community leaders, sportspeople, podcasters, musicians, parents… and proud that these interests inform our professional lives.

Legal Practitioner Director
Michael has been practising law in Western Australia since 1997 and is an experienced lawyer in property law, family law and succession law. Michael has a strong base of knowledge and experience from assisting hundreds of clients in these……
Senior Associate
Nigel is an experienced lawyer who leads the firm’s litigation and dispute resolution team. Having worked for Birman & Ride since 2011, he has experience in a wide variety of litigation matters including deceased estate litigation, family provision claims,……
Senior Associate
Lucy is a talented lawyer, business administrator and manager who leads the development of the firm’s consumer legal services, bringing together people, technology and processes to design and deliver innovative legal services. In the legal sphere, Lucy supervises the……
Legal Executive
Angus joined the team in 2018 as part of the firm’s law cadetship program. He holds a Bachelor of Arts from UWA, majoring in Politics & International Relations and Business Law, and is currently studying the Juris Doctor at……
Legal Executive
Mikala joined the Birman & Ride team in 2021 as a member of the Flat Rate Settlements team. Her extensive experience in retail and customer service helps her deliver a great experience to all. Mikala obtained her Bachelor of……
Settlements team leader
Laura’s dedication to the craft of real estate settlements, combined with her innate administrative and analytical talents, has seen her rise quickly to the ranks of an experienced and highly respected property conveyancer in Western Australia. Laura’s many clients……

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Testimonials

What our clients say

I would like to express my sincere thank you for your help so far. You have brought me from darkness and sleepless nights into a situation where, as you said this morning, everything is in my favor now. I do realize this, and this is not possible without your help, and I really appreciate it.
Mr S
July 6, 2021
Nigel was very good and appeared to look after our interests very well. We are quite happy with the end result.
Mr B
June 30, 2021
Nigel provides excellent professional service always. Efficient, clear and concise instructions and understandable communication. Meetings are always professional with collegiate support. Nigel provide empathy in regards to many difficult situations, safe and caring environment. Excellent lawyer practice, thank you.
Ms T
June 24, 2021
Dear Nigel and Angus, thank you. Our family believes this is a good outcome. We hope that there will be no further appeals and that this matter can finally be set to rest in honour of my son.
Ms D
May 21, 2021
Thank you so much Nigel and your team (Birman & Ride) for all your help and assistance in dealing with our legal case. We really appreciate all your handwork. Your expert advice/s helped us with our decision and now we feel at peace. Finally, its all done and dusted. I will definitely recommend your services to all my friends and connections. Once again, thank you and all the best!
Ms G
May 21, 2021
I appreciate the management taken by Nigel Siegwart of Birman & Ride. A very stressful case, awaiting a successful result. Thank you.
Ms C
April 30, 2021

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