Here are some ways in which a guarantor can safeguard themselves:
1. Understand the terms and conditions of the agreement:
Before signing any agreement, it’s crucial to read the terms and conditions carefully. Make sure you understand what you’re signing up for, including the amount you’re guaranteeing, the duration of the agreement, and the consequences of default. In some cases, clauses may be included that could expose you to more risks, such as indemnification clauses. If you are unsure about any aspect of the agreement, seek legal advice.
2. Conduct a credit check:
As a guarantor, it’s essential to determine whether the primary borrower has a good credit history. A good credit score implies that the borrower has a good track record of repaying their debts. If the borrower has a poor credit score, this may indicate that they’re unlikely to repay the loan in full, putting you at risk. If you’re uncomfortable with their credit score, you can suggest that they improve their score before applying for the loan or looking for another guarantor.
3. Ensure the loan is for a legitimate purpose:
Verify that the loan or debt is going towards a legal and legitimate purchase or transaction. If you suspect that the loan is going towards an unlawful activity, it’s best to withdraw from the agreement.
4. Limit your liability:
Negotiate limits to your liability with the borrower and lender before signing any agreements. You can set a maximum amount that you’re willing to guarantee, the duration of the guarantee, or even restrict your guarantee to specific parts of the loan. Doing so will help minimize your exposure and the amount of risk you take on as a guarantor.
5. Monitor the borrower’s progress:
Keep track of the borrower’s progress in repaying the loan or meeting their obligations. If the borrower defaults or misses payments, you will be notified and will need to take corrective action. If necessary, you can intervene by offering to make payments on their behalf or negotiating new repayment terms with the lender.
6. Have an exit strategy:
It’s important to have an exit strategy in case you need to withdraw from the guarantee. Some agreements may include clauses that allow guarantors to exit after a certain period or after particular events, such as the borrower’s credit check improving. Having an exit strategy in place will help limit your exposure and allow you to exit the agreement if things go wrong.
In summary, acting as a guarantor is a significant responsibility that comes with many risks and consequences. However, it can be an effective way to help your loved ones achieve their financial goals. To protect yourself as a guarantor, it’s essential to understand the agreement you’re signing, negotiate limits to your liability, and monitor the borrower’s progress. Ultimately, the key to being a successful guarantor is to strike a balance between helping your loved ones and safeguarding your finances and credit score.