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; or
- a person is guaranteeing the debt of their spouse or other family member.
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How we can help you
Solicitor’s Guarantee Certificate
$770 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 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.
- If you require an urgent appointment (and if we can accommodate it), 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
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.
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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.
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