In the world of business and finance, personal guarantees are a common practice, especially when obtaining loans or entering into contracts or leases. A personal guarantee is a commitment by an individual to take responsibility for a debt or obligation if the primary borrower or tenant defaults. While it may seem like a routine aspect of business dealings, signing a personal guarantee is a serious legal matter that warrants careful consideration. In this article, we will explore five tips you should consider before putting pen to paper on a personal guarantee document in Australia.
- Understand the Legal Implications
Signing a personal guarantee means you are legally obligating yourself to fulfill the financial responsibilities of the borrower (or tenant) in case of default. Before signing any document, it is imperative to fully comprehend the legal implications and potential consequences. Seek legal advice to ensure you understand the extent of your liability and the impact it may have on your personal assets.
- Negotiate the Terms
Don’t be hesitant to negotiate the terms of the personal guarantee. It’s not a one-size-fits-all situation, and lenders (or landlords) may be open to discussions regarding the scope and limitations of the personal guarantee. You may be able to negotiate a cap on your liability or request periodic reviews to assess your ongoing commitment. Engage in open communication with the lender to find mutually agreeable terms that protect your interests.
- Conduct Due Diligence on the Borrower
Before putting your financial wellbeing on the line, thoroughly investigate the financial health and credibility of the borrower or the tenant. Understand their business model, financial statements, and track record. A well informed decision will help you assess the risk involved and determine whether the borrower is a reliable and responsible party. This due diligence is crucial in mitigating potential risks associated with the personal guarantee.
- Explore Alternatives
Before committing to a personal guarantee, explore alternative options. Some lenders may be open to accepting collateral or other forms of security instead of a personal guarantee. Investigate the possibility of obtaining the desired financial assistance without putting your personal assets at risk. It’s essential to consider all available avenues before making a decision that could have significant personal and financial consequences.
- Seek Independent Legal Advice
Engaging a legal professional who specialises in commercial and financial matters is a crucial step before signing any personal guarantee. A lawyer can provide personalised advice based on your specific situation, explain the legal language in the guarantee document, and ensure you are fully aware of the risks involved. Their expertise will empower you to make an informed decision that aligns with your financial goals and risk tolerance.
Summary
While personal guarantees are a common aspect of business transactions, they should not be entered into lightly. Understanding the legal implications, negotiating terms, conducting due diligence, exploring alternatives, and seeking independent legal advice are essential steps to safeguard your interests. By taking a proactive and informed approach, individuals can navigate the complexities of personal guarantees in Australia and make decisions that align with their financial objectives. Remember, a well-informed decision today can save you from potential hardships in the future.
Aleksandra Moore
Solicitor
