Solicitor's Certificate Adelaide | Guarantor Legal Advice | PA Law
- Need a Solicitor's Certificate in Adelaide? PA Law provides fixed-fee independent legal advice for borrowers, guarantors, mortgages, business loans and SMSF loans.
What is an Independent Solicitor's Certificate?
Banks and other lenders may require a borrower, guarantor or person providing security for a loan to obtain independent legal advice.
Need a Solicitor's Certificate in Adelaide?
PA Law provides fixed-fee independent legal advice for borrowers, guarantors, mortgages, business loans and SMSF loans.
Documents required 48 hours before appointment.
Has your bank, lender or mortgage broker asked you to obtain an Independent Solicitor’s Certificate or independent legal advice before your loan can proceed?
PA Law Pty Ltd provides independent legal advice to borrowers, guarantors and third-party mortgagors in Adelaide and throughout South Australia where a lender requires a solicitor to explain loan, mortgage, guarantee or security documents and, where appropriate, provide a Solicitor’s Certificate or Certificate of Independent Legal Advice.
We understand that loan and finance transactions can involve strict settlement deadlines. At the same time, a Solicitor’s Certificate is much more than simply witnessing a signature. Our process is designed to ensure that you receive proper independent legal advice and have an opportunity to understand the legal effect, obligations and potential risks associated with the documents before signing.
- Independent legal advice: We explain the nature and effect of your loan or guarantee documents, including your legal obligations, potential liabilities and significant risks.
- Clear explanations: We discuss the lender’s documents in plain language and answer your questions so you can make an informed decision.
- Personalised assistance: We tailor our advice to your circumstances and the lender’s requirements, including whether you are borrowing funds, providing security or guaranteeing another person’s obligations.
- Solicitor’s certificates where appropriate: After reviewing the relevant documents and providing the required legal advice, we can complete the lender’s solicitor’s certificate when it is appropriate to do so.
When Might You Need Independent Legal Advice?
Understanding Your Rights and Obligations
You may be asked to obtain independent legal advice where you are:
- acting as a guarantor for a home loan;
- a parent guaranteeing a child’s property loan;
- providing your property as security for another person’s borrowing;
- guaranteeing a business or commercial loan;
- a director or shareholder providing a personal guarantee for company borrowing;
- involved in a trust loan;
- involved in an SMSF loan or limited recourse borrowing arrangement;
- entering into a refinancing arrangement;
- a third-party mortgagor;
- providing a guarantee or indemnity to a lender; or
- a borrower whose lender requires independent legal advice.
If your bank, finance company or mortgage broker has told you to “see a lawyer and get the loan documents signed”, contact us before signing the documents.
Arrange Your Solicitor’s Certificate in Adelaide or Gawler
Our Process
1. Send Us Your Complete Documents
All relevant loan and security documents must be provided to PA Law at least 48 hours before your appointment.
This includes the complete set of documents supplied by your lender, bank or broker, together with any Solicitor’s Certificate or lender instructions that we are expected to complete.
Please do not sign the documents before receiving our advice unless specifically instructed otherwise.
2. We Review the Documents Before Your Appointment
A solicitor will review the relevant documents before meeting with you.
Depending upon the transaction, these may include:
- Loan Agreements;
- Mortgage documents;
- Guarantees and Indemnities;
- General Terms and Conditions;
- security documents;
- lender instructions;
- disclosure documents; and
- the lender’s Solicitor’s Certificate.
This advance review is why we require the complete documentation at least 48 hours before the appointment.
3. Private Appointment With the Solicitor
You will meet with the solicitor to discuss the transaction and the documents.
We will explain the relevant legal obligations and risks in plain English and give you an opportunity to ask questions.
Where you are providing a guarantee or security for another person’s borrowing, the appointment may need to take place privately and independently of the borrower or other interested parties.
You will also need to satisfy our identification and verification requirements.
4. Signing and Solicitor’s Certificate
Where appropriate, following the provision of legal advice and once the solicitor is satisfied that the relevant requirements have been met, the required documents and Solicitor’s Certificate can be completed.
The issue of a certificate is not automatic merely because an appointment has been booked or a fee has been paid.
5. Written Confirmation
Where appropriate, we will provide written confirmation of the advice following the appointment and recommend that you take appropriate time to consider the risks and obligations before proceeding.
Why Do We Require the Documents 48 Hours in Advance?
We are sometimes contacted by clients who have been told that they simply need a lawyer to “witness” their loan documents.
A Solicitor’s Certificate involves considerably more than witnessing a signature.
The solicitor may be required to review substantial loan and security documentation, explain your legal obligations and potential exposure, answer your questions, confirm your understanding and certify that appropriate independent legal advice has been provided.
For that reason, PA Law requires the complete documents at least 48 hours before the scheduled appointment.
This allows us to properly review the transaction before advising you.
If your settlement is urgent, please contact us as early as possible. We cannot guarantee that documents received with less than 48 hours’ notice can be accommodated.
Fixed-Fee Solicitor’s Certificate Appointments
PA Law offers fixed-fee independent legal advice and Solicitor’s Certificate services for suitable matters.
The applicable fixed fee will be confirmed after we receive sufficient information about your transaction and the documents requiring review.
More complex transactions, unusually lengthy documentation, multiple facilities, private lending arrangements or additional work outside the agreed scope may require a separate quotation.
Contact PA Law for a fixed-fee quote before booking your appointment.
Independent Legal Advice for Guarantors
Agreeing to become a guarantor can expose you to significant legal and financial consequences.
Depending on the terms of the documents, a lender may have rights against the guarantor if the borrower fails to meet their obligations. Security provided in connection with the guarantee may also be at risk.
Our role is to explain the legal effect of the documents and your legal obligations so that you can make your own informed decision about whether to proceed.
PA Law does not provide financial advice as part of this service. You may need to obtain separate financial, taxation or accounting advice about whether the transaction is financially appropriate for your circumstances.
Frequently Asked Questions
How quickly can I obtain a Solicitor's Certificate?
We require the complete loan, mortgage, guarantee and security documentation at least 48 hours before your appointment so that the documents can be properly reviewed.
We recommend contacting us as soon as your lender or mortgage broker advises that independent legal advice is required.
Can my mortgage broker send the documents directly to PA Law?
Yes. Your lender or mortgage broker can provide the relevant documents to PA Law, subject to any necessary authority and our requirements.
Please ensure that the complete document package is provided rather than only the signature pages or Solicitor's Certificate.
Is a Solicitor's Certificate just witnessing my signature?
No.
The solicitor is being asked to provide legal advice and potentially certify that particular matters have been explained to you.
This requires the solicitor to understand the transaction and review the relevant documents before providing the required advice.
Can PA Law provide a Guarantor Certificate?
PA Law can provide independent legal advice to guarantors and, where appropriate, complete the lender's required Solicitor's Certificate or Guarantor Certificate after the necessary advice has been provided.
I am guaranteeing my child's home loan. Do I need independent legal advice?
Many lenders require parents or other family members providing guarantees or security for a borrower's home loan to obtain independent legal advice.
Check your lender's requirements and provide us with the complete documentation if a certificate is required.
Do you provide independent legal advice for SMSF loans?
We can consider requests involving SMSF loans and guarantees.
These arrangements can involve additional documentation and complexity, so please provide the complete document package before an appointment is arranged.
What should I send PA Law?
Please provide:
1. the complete loan documentation;
2. mortgage and security documents;
3. guarantee and indemnity documents, if applicable;
4. the lender's Solicitor's Certificate or Certificate of Independent Legal Advice;
5. any instructions provided by the lender to the advising solicitor;
6. details of the lender and borrower;
7. your lender or mortgage broker's contact details, where relevant; and
8. the proposed settlement or finance deadline.
We will advise you separately about identification requirements.
Need a Solicitor's Certificate in Adelaide?
If your bank, lender or mortgage broker requires an Independent Solicitor's Certificate, Guarantor Certificate, Borrower Certificate or independent legal advice for loan documents, contact PA Law Pty Ltd.
Your matter will be reviewed by Manal Amro, Principal Lawyer, and you will receive clear advice about the legal effect of the documents and the obligations you are being asked to undertake.
Documents must be received at least 48 hours before your appointment.
Contact PA Law today to request a fixed-fee quote and arrange your appointment.