If a bank or lender has asked you to get a "guarantee certificate" relating to a new loan, you're in the right place.
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.
We’ll guide you through your loan and security documents, making sure you understand everything clearly and feel confident about your decisions.
our services
How we can help you
Clear advice on your loan and security paperwork
Certificates of Independent Advice
$990 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
Why is it so expensive to witness my signature?
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.
Why do I need the advice?
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.
How long will the appointment take?
Generally, one hour.
What information do I need to provide?
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.
What do I need to do before the appointment?
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.
Do I have to sign the documents?
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.
Why can you only usually only act for one person?
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.
Can you witness me sign the documents remotely?
Unfortunately we can only offer this service in person at our office and not by telephone or video conference as we are required to meet with you in person to verify your identity and ensure we provide you with advice free from external influence.
Meet our team
We’re a team of lawyers, legal executives, accountants, and software developers — with a few extra strings to our bow. You’ll also find us leading community projects, playing sports, hosting podcasts, making music, and raising families. We’re proud to bring all of who we are into the work we do.
Legal Practitioner Director
Michael is an experienced succession and property lawyer and has served the Western Australian community as a legal practitioner for over 27 years at Curae Law. Michael has represented clients, both in and out of court, in matters spanning……
Legal Practitioner Director
Nigel leads the firm’s litigation and dispute resolution team and has experience in a wide variety of litigation matters including deceased estate litigation, family provision claims, contractual and construction disputes, trust and property matters. Nigel has an instinctive ability……
Legal Practitioner Director
Lucy leads our non-contentious Wills and estates team, delivering clear, compassionate, and practical advice on succession planning and estate administration. Her approach combines legal expertise with a passion for innovation, making complex processes simple and accessible for our clients…….
Associate
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
Sean is a dedicated lawyer within the wills and probate team, specialising in guiding individuals through the intricacies of legal matters such as wills, powers of attorney, and powers of guardianship. In the realm of estate planning, Sean offers……
Lawyer
Bea joined Curae Law in 2023 as part of the firm’s law cadetship program. Having previously spent time in commercial law, family law, and at community legal centres, she is equipped with a diverse skill set, enabling her to……
