Independent Solicitor Certificates are often required for finance. The need for a solicitor certificate arises where a person is signing as a guarantor, surety, family pledge, self managed super fund loans, reverse mortgage loans or equity unlock loans.
A Solicitor must retain independence when advising clients of their legal obligations with respect to the finance to ensure that the guarantor fully understands the legal consequences of giving such a guarantee.
The importance of clearly understanding your obligations means that is is not a simple ‘witness your signature’ exercise; but instead requires a solicitor to conduct a conference with the client which is generally 45 to 60 minutes. While we know that many guarantors have a very good understanding, a solicitor must ensure that the guarantors enter into the guarantee, freely, voluntarily and fully informed.
During the appointment with you, we will explain the important obligations that guarantors are undertaking and the pitfalls of not complying with these obligations. The fees we charge for this matter therefore incorporate both legal advice and the necessity for the legal practitioner to provide a certificate to the lender, based on advice provided.
Certificates are often required at short notice and therefore our flexible appointment times mean that we can provide advice to you at a time or place that suits you.