Can I contest a Personal Guarantee signed without legal advice?
One of the first things that we request from any potential Client, can I contest a personal guarantee signed without legal advice? This is imperative in order to ensure that matters were handled in the correct way.
We seek to identify then whether or not legal advice has been obtained or, at the very least, offered by the lending institution. Very often, individuals will have signed Legal Waivers meaning that they were essentially waiving their right to legal advice. This causes difficulty somewhat in disputing a Personal Guarantee on the basis of no advice.
In the event however that there is a challenge in terms of the environment/way in which the Personal Guarantee was signed and, indeed, if there was no legal advice obtained or offered, we will challenge this head on. One example of this would be where a Wife allegedly signed a Personal Guarantee under duress from her spouse and without separate, independent legal advice