Solicitor Certificates & Guarantor Advice

If you have been asked to sign a loan, mortgage, guarantee or indemnity, your lender may require you to obtain independent legal advice before the transaction can proceed.

Kenney Legal provides clear and practical advice to borrowers, guarantors and other security providers. We review the relevant documents, explain your obligations and risks in plain language and, where appropriate, issue the required Solicitor’s Certificate.

When You May Need a Solicitor’s Certificate

A certificate may be required where:

  • a parent or family member is guaranteeing a home loan;

  • a director or shareholder is providing a personal guarantee;

  • you are providing your property as security for another person’s loan;

  • a trust or SMSF borrowing arrangement is involved;

  • you are entering into a commercial, private or refinancing arrangement; or

  • a lender requires confirmation that you have received independent legal advice.

We advise borrowers, guarantors, third-party mortgagors, directors, shareholders and trustees.

What the Service Includes

Our service generally includes:

  • reviewing the relevant loan, mortgage, guarantee and security documents;

  • explaining your obligations and potential liability;

  • outlining what may occur if the borrower defaults;

  • explaining the lender’s enforcement rights;

  • answering your questions;

  • verifying your identity and witnessing documents where required; and

  • issuing the appropriate Solicitor’s Certificate.

Our advice is limited to the legal effect of the documents. We do not provide financial advice about whether the transaction is suitable for you.

Our Process

To get started, please provide us with the complete loan and security documents, any lender instructions or certificate, the proposed settlement date and photographic identification.

We will review the documents before your appointment and let you know if anything further is required.

You will then meet privately with one of our solicitors to discuss the documents and confirm your understanding. Once the relevant requirements have been satisfied, we can arrange signing and issue the certificate.

In-Person and Online Appointments

Appointments are available in person at our Ringwood and Williams Landing meeting locations.

Online video appointments may also be available where permitted by the lender and the relevant certificate requirements. After reviewing the documents, we will confirm whether the matter can be completed online or requires an in-person appointment.

Fast Turnaround

Straightforward matters can usually be completed within one business day of receiving the complete document package, subject to availability, lender requirements and the complexity of the documents.

Urgent appointments may also be available.

Fees

Our fixed fee for a standard Solicitor’s Certificate and independent legal advice starts from $590 inclusive of GST.

This generally applies to one client, one standard loan or guarantee arrangement and one certificate.

A higher fee may apply where the matter involves multiple loans or certificates, lengthy or complex documents, multiple properties, private lending, trusts, SMSFs or additional appointments.

We will confirm the applicable fee before commencing any additional work.

Arrange an Appointment

If your lender or finance broker has asked you to obtain a Solicitor’s Certificate, contact Kenney Legal and provide us with the complete document package.

We will review the documents and arrange an in-person or online appointment as soon as practicable.