Solicitor Guarantor Advice Perth | Perth Legal Property

Q: Do I have to get a solicitor's certificate?

If there is a guarantor of a loan, it is usually a mandatory condition before the loan is approved or advanced.

Solicitor’s Certificate - Guarantor Advice | Perth Legal Property

We ensure you understand your rights and responsibilities before you commit.

We Provide Independent Legal Advice for Guarantors In Perth

Where a person is acting as a guarantor for a loan, the lender will usually require the guarantor to obtain legal advice about the impact of the guarantor on them. To evidence this, the lender will require the guarantor to obtain a Solicitor’s Certificate of independent legal advice to confirm that they have received independent legal advice about your obligations, risks, and potential liabilities before signing any guarantee or security documents.

Only a lawyer can give this advice and generally needs to be separate from the borrowers representative to avoid risks of conflicts of interest.

Common situations where the Certificate of Independent Legal Advice is needed include:

Parents guaranteeing a child’s first home purchase;
People buying real estate in their SMSF;
People buying in a property trust or family trust.

Our Fees Are:

$450 + GST — One (1) Guarantor
$770 + GST — Two (2) Guarantors

At Perth Legal Property, our solicitors provide professional guarantor advice and solicitor’s certificates tailored to your situation and lender requirements — ensuring you understand your rights and responsibilities before you commit.

Our Guarantor Advice Service Process

We need all the documents provided to you by the lender so that we can advise on all aspects of the arrangement.

Please either attach the documents in our handy form above, or email them to contact@perthlegalproperty.com.au

We will then arrange for a 15 minute meeting at which time our lawyer will ask you a number of questions about the loan arrangement and the guarantee. This may be online or in person, depending on whether the lender wants us to witness your signature or sign a statutory declaration (statutory declarations must be in person in WA).

It is important that you have read the documents before this meeting as we need to be satisfied you understand the loan and guarantee terms.

We will then explain the implications of the guarantee for you if there is a default by the borrower.

We can witness your signing of the relevant documents if the lender requires.

We produce the certificate in the format required by your lender to satisfy their conditions. Some lenders require a statutory declaration rather than a certificate but we ensure the document submitted to the lender satisfies their requirements.

Frequently Asked Questions

Do I have to get a solicitors certificate?

If there is a guarantor of a loan it is usually a mandatory condition before the loan is approved or advanced.

Can someone else's lawyer provide the certificate?

No. To be valid, the certificate must come from a solicitor providing independent legal advice to the guarantor — not from the borrower’s legal representative.

How long does the solicitor's guarantor process take?

The timeframe depends on how quickly you can provide the loan and guarantee documents, but many certificates are issued within a few business days.

Is a solicitors guarantor advice to same as financial advice?

No. We provide legal advice on your obligations and risks under the loan and guarantee, not financial advice. You should review the credit application and the borrowers financials before seeking an accountant’s financial advice.