subject: Cc Brown Law - Beware of an Unconditional and Continuing Guaranty [print this page] Cc Brown Law - Beware of an Unconditional and Continuing Guaranty
Before signing the guaranty, the legal advice should be obtained regarding the ultimate financial exposure. But the lenders often insert the unconditional guaranty language. This type of guaranty renders a guarantor which is liable for all the past, present and future obligations of the business. The exposure is almost unlimited and the business may incur a mountain of debt where the event of default guarantor is ultimately liable.
The guarantor should not be contacted before obtaining the new debt while executing the guaranty. So the business may require some debt to the detriment of the guarantor without the customer's knowledge. The continuing guaranty remains effective until it is revoked. The guaranty is unlimited to the loan's life which is obtained contemporaneously with the guaranty and will not expire simply by a lapse of time.
Even though the loan is paid full, the guarantor is not relieved until the liability for the new debt is acquired by the business years, It takes place only after the original loan is paid. The continuing and unconditional guaranty also applies to a vendor and supplier accounts. The Guarantees are routinely required in the credit applications which are submitted by the suppliers.
If a business fails, then it automatically closes its doors and files for bankruptcy and the guarantor remains liable on all debt. So an individual should avoid signing an unconditional and continuing guaranty when there is uncontrollable business debt or business accounts.
Thus the unconditional business leads to unlimited debts. So plan your work and proceed with the routine guaranty.
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