Contracts & Disputes

Guarantee (Guarantor)

Also known as: guarantor, surety

In plain English

A promise to step in and pay or perform if the person who owes a debt or obligation fails to — the person who promises is the guarantor.

What it means

A guarantee is a contractual promise by a third party (the guarantor) to answer for the debt or default of another person. If the main debtor does not pay or perform, the creditor can pursue the guarantor instead. A guarantee generally must be in writing and signed to be enforceable. Because guarantors can become personally liable for large sums, courts and lenders apply safeguards, and a guarantee may be set aside where it was obtained by unconscionable conduct, undue influence, or without genuine understanding.

How it's used

Before approving the small-business loan, the bank required the owner's father to sign as guarantor for the repayments.

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