A member asked over 9 years ago

Is independent advice necessary in commercial situations?

Is independent advice necessary when a commercial guarantee is being given? No lawyers were involved when I negotiated my commercial lease and my uncle agreed to be guarantor.

Josh Kaplan
Senior Associate at Marshalls + Dent Lawyers
Hello. Thank you for the question. As guarantees in commercial leases come in many different forms, it is important to obtain independent advice with respect to the wording of the guarantee. It is important to remember that the purpose of the guarantee is for the guarantor to be personally liable for a breach under the lease by a tenant.

Suggested way forward

Provide a copy of the guarantee to a legal adviser for a sense check.

Answered about 9 years ago   Legal disclaimer

Sandy  Rizkallah
1 lawyer agrees with this answer
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