What is independent legal advice (‘ILA’)?
Independent legal advice is impartial advice that each person involved in a legal matter obtains from a Solicitor who is independent to the transaction.
An individual signing a guarantee or providing security should seek to obtain ILA so that they are clearly aware of the transaction in question and the full extent of their liability. A Guarantor should always meet the Lender’s requirements when signing guarantee to affect the mortgage/loan facility in question.
Why may I need ILA?
Obtaining ILA prior to signing a guarantee document is an essential requirement as it prevents misrepresentation or undue influence.
Following the House of Lords in the case of Royal Bank of Scotland v Etridge (No 2) and other appeals  3 FCR 481 it was established that there is a need for the guarantor to be advised separately prior to signing the Guarantee document .
How Aston Brooke Solicitors can help:
Aston Brooke Solicitors have experienced Solicitors who can assist to provide advice to both private and commercial clients. Our Solicitors are able to help make the process of obtaining ILA less stressful for you and more accommodating to your schedule and needs.
Aston Brooke Solicitor’s main objectives are to ensure that you have fully understood all the documents, the extent of your liability, the risks involved and that is it your sole decision to sign a guarantee.
The advice provided would be during a meeting with you (the guarantor) and would take place with no other party present. Your independent Solicitor will explain the nature of the documents and the risk to you as the Guarantor as well as the loan facility, terms of the facility and ways in which repayment could be made in the event of a defect by the borrower and the practical consequences.
Our Solicitors will ensure that you are fully aware that it is your choice on whether to sign the guarantee and will only proceed to confirm in writing to the lender that the nature of the documents and associated risks have been explained to you upon your consent. We make sure that all your lender’s requirements are met and offer a seamless process to you.
We understand the difficulties in meeting time restraints and finding the time to attend our office. We therefore thrive to extend our services to accommodate your needs beyond you having to attend our office in order to receive your ILA. With just an additional fee we will bring our services to you should you require, depending on distance and availability.
What you need to do to obtain ILA:
- Contact our office on 0203 475 4321 or email firstname.lastname@example.org to book an appointment with us
- Provide us with all the information and documents you have received
- We will review all documents and assess the circumstances
- You will have a meeting with your Solicitor who will provide Independent Legal Advice
- Your Solicitor will confirm the advice provided to you in writing