5.0
Experienced Independent Legal Advice Lawyers in Victoria
Independent legal advice certificate Victoria
Get Your Free Consultation
Experienced Independent Legal Advice Lawyers in Victoria
5.0
Rated
50+
Years Experience
98%
Success Rate
Award Winning
Do You Need Guarantor’s Legal Advice Certificate? We Can Assist In 48 Hours!
Cohen Lawyers offer legal advice for guarantors. A solicitor’s legal advice certificate is a formal document issued by a qualified solicitor that confirms they have provided legal advice to an individual or entity. This guarantor certificate serves as evidence that the solicitor has assessed a specific legal situation, advised the client on their rights, obligations, and potential risks, and provided guidance on how to proceed.
- Our service is a 48 hour turn around on advice, subject to the provision of all required documents and the 48 hours are business days.
- The price is $1500 including GST and disbursements – fixed fee.
The purpose of legal advice certificate
The purpose of a legal advice certificate is to establish a professional record of the legal advice given. It can be used in various situations, such as in court proceedings, financial transactions, or when entering into legal agreements.
The certificate
The certificate typically includes the following information:
Independent third-party solicitor
The guarantor will need to supply an independent third-party solicitor with all relevant loan and guarantee documents, along with 100 points of identification. This is to ensure that the solicitor can offer informed advice regarding the guarantee being provided. The process requires thorough preparation and is not merely a matter of signing a certificate.
The guarantor will need to supply an independent third-party solicitor with all relevant loan and guarantee documents, along with 100 points of identification. This is to ensure that the solicitor can offer informed advice regarding the guarantee being provided. The process requires thorough preparation and is not merely a matter of signing a certificate.
The purpose of legal advice certificate
In several scenarios, lenders may require a guarantor to provide a Solicitor's Certificate. These situations include:
Third-Party Guarantees: If a guarantor commits to covering a borrower’s failure to meet loan obligations, this assurance stands even if the loan funds were never transferred to the guarantor.
Challenging Loan Terms: If a borrower agrees to a loan that imposes exceptionally burdensome conditions. For example, a low-documentation loan that features a brief repayment period and elevated interest rates.
What you need to know
FAQs
What is a certificate of independent legal advice in Australia?
A certificate of independent legal advice is a document issued by a solicitor in Australia to confirm that a client has received legal advice independently of any other parties involved in a transaction or agreement. This certificate is often required in situations where there is a potential conflict of interest, such as in financial agreements or family law matters, to ensure that the client understands their rights and obligations.
What is the purpose of a solicitor's certificate?
The purpose of a solicitor’s certificate is to provide evidence that a client has received legal advice from a solicitor regarding a particular matter. It serves to protect the interests of the client by confirming that they have been informed about the legal implications of their actions or decisions. It also provides assurance to other parties involved in a transaction or agreement that the client has been properly advised.
Do guarantors need independent legal advice?
Yes, guarantors typically need independent legal advice. This is to ensure that they fully understand their obligations and the potential risks involved in becoming a guarantor. Independent legal advice helps protect the guarantor’s interests and ensures that they are making an informed decision.
Does a guarantor need a solicitor?
While a guarantor is not legally required to have a solicitor, it is highly recommended. A solicitor can provide independent legal advice to the guarantor, helping them understand their rights and responsibilities. This advice is particularly important in complex financial transactions or agreements where the guarantor’s liability may be significant.
Moreover, Rule 11 of the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015 provides that a solicitor must be physically present with a client to verify their identification for the purposes of signing a Solicitor Certificate. As such, our staff must attend your home to verify your identification before they can sign your Solicitor Certificate. We understand that this prospect could be stressful during the Pandemic, however we assure you that we will take all necessary precautions to mitigate any risk of transmission for your peace of mind.
