Nassau New York Personal Guaranty - Guarantee of Contract for the Lease and Purchase of Real Estate
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FAQ
A personal guarantee can be enforced the same way as any debt. If the business owner does not pay, the creditor can bring a lawsuit to receive a judgment and levy the owner's personal assets to cover the debt. The exact terms of a personal guarantee specify a creditor's options under the guarantee.
A personal guarantee is an agreement that allows a lender to go after your personal assets if your company, relative, or friend defaults on a loan. For instance, if your business goes under, the creditor can sue you to collect any outstanding balance.
What Are the Advantages of a Personal Guarantee? The main advantage of signing a personal guarantee is increasing your chances of being approved for a business loan. It also signals to the bank or lender that you're willing to put your personal assets on the line for your business.
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.
Essentially, a personal guarantee in a commercial lease is pretty much what it sounds like: it makes you personally liable for rent if the business can't pay. That means if the business falls on some hard months or is ultimately unsuccessful, the landlord can sue you for any unpaid rent from the commercial lease.
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 personal guarantee is when an individual business owner promises to repay the balance of a loan, even if the business later defaults.
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.
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.