Solicitor's Certificate (Guarantee Advice)

When you're asked to guarantee a loan, it's crucial to fully understand the legal and financial implications before you sign any documents. A Solicitor’s Certificate is often required by lenders to confirm that you, as a guarantor, have received independent legal advice regarding the risks associated with your commitment.

What is a Solicitor's Certificate?

A Solicitor’s Certificate is a document issued by a lawyer to confirm that you have received advice regarding your role as a guarantor for a loan. This is essential because guaranteeing someone else's loan means you are agreeing to take on responsibility for their debt if they fail to repay. It ensures that you fully understand the risks, including the possibility of losing your property if the borrower defaults on the loan.

Why Do Lenders Require a Solicitor's Certificate?

Lenders typically require a Solicitor’s Certificate for third-party guarantees to protect themselves from the risk that the guarantor may later claim they did not understand the implications of the documents they signed. It’s a safeguard ensuring that the guarantor is fully aware of their obligations, risks, and legal rights before committing to the guarantee.

Common situations where a Solicitor's Certificate may be required include:

• Parents guaranteeing their child's home loan.
• Spouses guaranteeing loans for their partner’s business or investment property.
• Company directors guaranteeing the loan for a business or trust.

Our Guarantee Advice Service

Our services ensure that you understand the risks and responsibilities before you sign any documents.

Here’s what our service entails:

• Document Review: We’ll review the loan and guarantee documents provided by the lender to ensure we understand the full scope of the agreement.
• Independent Legal Advice: We’ll explain the legal terms of the guarantee, the risks involved, and the implications of default. You’ll have the opportunity to ask questions and fully understand what you’re agreeing to.
• Witnessing Your Signature: Once you’re satisfied with the advice, we’ll witness your signature on the relevant documents, including the Guarantee and Indemnity, Mortgage, and Statutory Declaration.
• Issuing a Solicitor’s Certificate: If the lender requires it, we’ll provide you with the necessary Solicitor’s Certificate to confirm that you have received legal advice.

Contact Us Today

If you’re required to obtain a Solicitor’s Certificate or if you’re considering acting as a guarantor for a loan, contact Vogt Legal today. Our experienced team is here to guide you through the process and ensure that you fully understand your legal obligations before signing anything.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Vogt Legal provides clear, practical, and cost-effective legal advice for all disputes relating to strata titles in Perth. With the growth of strata living across Western Australia, disputes between lot owners, strata companies, and third parties, such as developers and builders, have become increasingly common. Our experienced team is here to help you resolve these issues efficiently.

Understanding Strata Titles in WA

Strata titles in Western Australia are governed by the Strata Titles Act 1985 (WA), alongside relevant provisions in the Property Law Act 1969 (WA). This legal framework allows for the division of land and buildings into individual lots and common property, being areas such as driveways, stairwells, and gardens that are shared by all owners.

Whether it is a residential or commercial property, disputes can arise over the interpretation of by-laws, management of common property, building defects in common property, or the conduct of other lot owners. These issues can be complex, but we make them easy to understand and manage with tailored legal advice.

Our Strata Legal Services

We offer a full range of strata title legal services, including:

• Advice on rights and responsibilities of strata title owners and occupiers.
• Dispute resolution and legal representation for owners, tenants, and strata companies.
• Interpretation and enforcement of strata by-laws.
• Preparation for and representation at the State Administrative Tribunal.

Whether you are an individual owner dealing with a difficult neighbour or a strata company fighting with a builder over defective workmanship, we are here to protect your interests.

Representation at the State Administrative Tribunal

The State Administrative Tribunal (SAT) is responsible for resolving many strata disputes in WA. Common applications to SAT involve:

• Disagreements between lot owners and the strata company.
• Challenges to by-laws or their enforcement.
• Applications for interim or urgent orders.
• Disputes over management or maintenance of common property.

We can assist you in preparing your SAT application and provide you with effective legal representation at hearings. In certain circumstances, SAT decisions can be appealed to the Supreme Court, where we are also experienced in providing representation.

We pride ourselves on delivering professional legal services without the complexity or inflated costs you might pay on the Terrace. At Vogt Legal, you will deal with knowledgeable lawyers who work with you to achieve the best possible outcome.

Need Help with a Strata Dispute?

If you’re involved in a strata dispute or need advice on your rights under a strata title, get in touch with Ben Sasson today.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

With over 20 years of experience acting successfully for their clients, Will Vogt and the team at Vogt Legal are Perth-based litigation lawyers that specialise in commercial and civil litigation and dispute resolution, with particular expertise in building disputes.

With over 20 years of experience acting successfully for their clients, Will Vogt and the team at Vogt Legal are Perth-based litigation lawyers that specialise in commercial and civil litigation and dispute resolution, with particular expertise in building disputes.

Will Vogt, director of Vogt Legal, specialises in commercial litigation and dispute resolution, with expertise in building, real estate, and contractual disputes. Drawing on his diverse experiences, Will is known for quickly identifying core issues and achieving practical solutions, often through negotiation before trial.