Define: Revocable Guaranty

Revocable Guaranty
Revocable Guaranty
Quick Summary of Revocable Guaranty

A revocable guaranty is a contractual agreement wherein one person promises to assume the responsibility of paying a debt or fulfiling a duty in case another person fails to do so. This type of contract is commonly utilised in the fields of finance and banking. The guarantor has the authority to revoke or terminate the guaranty without requiring any external approval. Nevertheless, the guaranty must be documented in writing and is only considered valid if all parties involved consent to its terms.

Full Definition Of Revocable Guaranty

A revocable guaranty is a type of guarantee that allows the guarantor to terminate the agreement without needing the consent of any other party involved. It is a promise made by one party to pay a debt or perform a duty if the primary obligor fails to do so. For example, a business owner may need a guarantor for a loan from a bank, and the guarantor can sign a revocable guaranty to terminate the agreement at any time, even if the business owner has not defaulted on the loan. Similarly, a landlord may require a guarantor for a lease agreement, and the guarantor can also sign a revocable guaranty to terminate the agreement at any time, even if the tenant has not defaulted on the rent. While a revocable guaranty provides flexibility for the guarantor, it also creates uncertainty for the creditor or lender who relies on the guaranty for security.

Revocable Guaranty FAQ'S

A revocable guaranty is a legal agreement in which one party (the guarantor) agrees to be responsible for the debts or obligations of another party (the debtor) if the debtor fails to fulfill their obligations.

Any individual or entity can be a guarantor in a revocable guaranty, as long as they have the financial means to fulfill their obligations under the agreement.

A revocable guaranty can be terminated or revoked by the guarantor at any time, while an irrevocable guaranty cannot be terminated or revoked without the consent of the creditor.

A revocable guaranty can provide additional security for a creditor, as it ensures that there is a secondary source of payment if the debtor fails to fulfill their obligations. It can also help the debtor obtain credit or financing that they might not otherwise be able to obtain.

The guarantor is responsible for the debts or obligations of the debtor, which means that they could be held liable for a significant amount of money if the debtor fails to fulfill their obligations. Additionally, if the guarantor revokes the guaranty, the creditor may demand immediate payment from the debtor.

A revocable guaranty can be transferred to another party with the consent of the creditor and the guarantor.

A revocable guaranty can last for a specified period of time or until the debt or obligation is fulfilled.

A revocable guaranty can be modified with the consent of all parties involved.

If the debtor fulfills their obligations under the agreement, the guarantor is released from their obligations under the revocable guaranty.

If the debtor defaults on their obligations under the agreement, the creditor can demand payment from the guarantor under the terms of the revocable guaranty.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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