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Video Guide on Legal Guaranty Documents management

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Commonly Asked Questions about Legal Guaranty Documents

A guaranty agreement is a contract between two parties where one party agrees to pay a debt or perform a duty in the event that the original party fails to do so. The party who makes the guaranty is called the guarantor. An agreement of this nature is often used in real estate, insurance, or financial transactions.
A guarantee can be defined as a person or entity to whom a guaranty is made. A guarantee is entitled to receive the payment as a creditor to whom a guaranty is made. A guarantee holds the right to receive payment as a creditor first from the debtor, then from the creditor.
A guarantee is not enforceable unless it, or a memorandum or note of it, is in writing and signed by the guarantor or at the guarantors direction (section 4, Statute of Frauds (of 1677)).
Typically, a clause will read, X agrees to pay all debts of Y, a company in which X has an ownership interest, or X wishes Bank to loan monies to Y and understands that Y has refused to do so unless X guaranties all obligations of Y to Bank.
CONSIDERATION The writing should specify some form of consideration being given to the guarantor for the guaranty. As noted in the article on Contracts, to be binding either some form of consideration must be paid to a party, or reasonable reliance and detriment must be shown for the relying party.
A Guarantee Document is a legal document that sets out the terms of a promise or guarantee made between two parties, ensuring that the guarantor will be held responsible if certain conditions are not met.
Under a guarantee agreement, the guarantor assumes liability for payment of another persons debt. If the debtor does not repay his/her loan as agreed, the lender may collect the amount of the debt outstanding from the guarantor.