Massachusetts Personal Guaranty - Guarantee of Contract for the Lease and Purchase of Real Estate

State:
Multi-State
Control #:
US-60752
Format:
Word; 
Rich Text
Instant download

Description

Purchaser has requested that seller enter into a contract for the lease and purchase of real estate for certain property. As an inducement to seller to enter into the contract for the lease and purchase of real estate, guarantor has agreed to personally guarantee the payment and performance of all of purchaser's obligations, conditions and covenants as set forth in the contract for the lease and purchase of real estate.
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FAQ

An otherwise valid and enforceable personal guarantee can be revoked later in several different ways. A guaranty, much like any other contract, can be revoked later if both the guarantor and the lender agree in writing. Some debts owed by personal guarantors can also be discharged in bankruptcy.

A personal guarantee is an individual's legal promise to repay credit issued to a business for which they serve as an executive or partner. Personal guarantees help businesses get credit when they aren't as established or have an inadequate credit history to qualify on their own.

A personal guarantee is an agreement between a business owner and lender, stating that the individual who signs is responsible for paying back a loan should the business ever be unable to make payments.

7 Ways to Avoid a Personal GuaranteeBuy insurance.Raise the interest rate.Increase Reporting.Increased the Frequency of Payments.Add a Fidelity Certificate.Limit the Guarantee Time Period.Use Other Collateral.

If you sign a personal guarantee, you are personally liable for the loan balance or a portion thereof. If your business later defaults on the loan, anyone who signed the personal guarantee can be held responsible for the remaining balance, even after the lender forecloses on the loan collateral.

A personal guarantee is a provision a lender puts in a business loan agreement that requires owners to be personally responsible for their company's debt in case of default. Lenders often ask for personal guarantees because they have concerns over the credit history, age or financial stability of your business.

A personal guaranty is not enforceable without consideration A contract is an enforceable promise. The enforceability of a contract comes from one party's giving of consideration to the other party. Here, the bank gives a loan (the consideration) in exchange for the guarantor's promise to repay it.

The term personal guarantee refers to an individual's legal promise to repay credit issued to a business for which they serve as an executive or partner. Providing a personal guarantee means that if the business becomes unable to repay the debt, the individual assumes personal responsibility for the balance.

Consideration Like any contract, there must be evidence of offer, acceptance, consideration, intention and capacity for the guarantee to be enforceable.

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Massachusetts Personal Guaranty - Guarantee of Contract for the Lease and Purchase of Real Estate