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……
Legal Practitioner Director
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,……
Legal Practitioner Director
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. Lucy supervises the firm’s Wills, probate, estate……
Lawyer
Angus joined the team in 2018 as part of the firm’s law cadetship program while studying his juris doctor. He subsequently graduated from UWA with a juris doctor in 2021 and was admitted as a lawyer in April 2022…….
Lawyer
Clare assists our clients to prepare Wills, applications for Probate and Letters of Administration and administer deceased estates. Clare completed her Bachelor of Laws in 2011 and was admitted as a lawyer in 2014, following which she worked as……

View the latest

From our blog

Birman & Ride’s new range of ON THE SPOT legal services are set to revolutionise customer service in Western Australia – offering superior ease and convenience for clients. Developed in-house by a team of lawyers and software developers, Birman & Ride’s advanced interactive instruction forms enable the preparation of straightforward documents and court applications with the convenience of only one short client consultation. The consultations are…
Aggressive marketing by law firms has sparked a price-cutting war in Perth’s overcrowded conveyancing…
Flat Rate Settlements offers instant online quotes that are fair and transparent. And if you happen…

Testimonials

What our clients say

I can’t recommend Birman & Ride highly enough. Nigel provided excellent service and advice, and delivered it in a friendly and supportive manner. Our tiny matter was definitely more trouble than it was worth but Nigel was unfailingly kind and generous, and got us through.
Felicity Morris
April 11, 2022
Professional, caring, and sophisticated. Both Angus and Nigel provided support and advice that was above and beyond, reducing the stress and anxiety of the situation around dealing with an unforeseen issue with a family member’s deceased estate. Thank you both!
Mr H
April 4, 2022
Always professional and excellent knowledge – will always use Birman & Ride. I have trust in this Law firm and they work to an efficient and timely manner. Thankyou for all you do and continue to do.
Mrs T
April 2, 2022
This was our second dealing with Birman & Ride and have found them to be extremely professional with their dealings and legal opinion. Thank you to Michael, Nigel, Angus & Sriram for the professional and expeditious manner that you handled our legal matter. Highly recommended.
Mr B
March 4, 2022
Very happy with initial consultation. Nigel was able to sort through a very complicated situation and come up with 2 viable options to bring the matter to a head. Most satisfied.
Mr B
February 16, 2022
Nigel Siegwart has provided excellent service and once again Birman and Ride have exceeded my expectations. Many thanks.
Mr J
February 8, 2022

Make an appointment

Arrange a consultation with one of our friendly and experienced team members.

Let us contact you

We will respond to your online enquiry promptly.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.