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Considering that each state has its own laws and regulations for every aspect of life, locating a Bexar Personal Guaranty - Guarantee of Contract for the Lease and Purchase of Real Estate that meets all local standards can be daunting, and obtaining it from a qualified attorney can frequently be expensive.
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Show proof of consistent revenues and profits (P&L statements, balance sheets, etc) Ask for an amendment to the lease after 12-24 months. Ask for the guarantee to expire after 12-24 months as long as you have paid rent payments on time. Try to renegotiate the guarantee terms.
However, unless the lender agrees to waive it (which would be unlikely), or some fundamental flaw exists in the agreement, the personal guarantee will remain binding. In many cases, a business owner can file a consumer bankruptcy to discharge (wipe out) the personal guarantee.
One way to avoid a personal guarantee is to offer the landlord a higher security deposit. This provides additional collateral to the landlord upfront. It may be enough to simply offer an additional 1 or 2 month's security deposit to avoid signing the personal guarantee.
A personal guaranty is not enforceable without consideration In fact, no contract is enforceable without consideration. A personal guaranty is a type of contract. A contract is an enforceable promise. The enforceability of a contract comes from one party's giving of consideration to the other party.
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.
A personal guarantee puts the tenant's own assets such as real estate, savings, or other valuables on the line should their business not be in a position to pay rent or other lease obligations.
Consult with an attorney on what your options are. Show proof of consistent revenues and profits (P&L statements, balance sheets, etc) Ask for an amendment to the lease after 12-24 months. Ask for the guarantee to expire after 12-24 months as long as you have paid rent payments on time.
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.
A lease guarantee is an official agreement between a tenant, landlord and third party who takes responsibility for any payment defaults by the lessee/tenants. Rent guarantees also exist where the brokerage firm assures the rental amount to the landlord, irrespective of whether the tenant is available or not.