The Illinois Personal Guaranty — Guarantee of Contract for the Lease and Purchase of Real Estate is a legal document that is commonly used in real estate transactions in the state of Illinois. This agreement serves as a guarantee by an individual, referred to as the guarantor, to fulfill the obligations of another party, referred to as the tenant or purchaser, under a lease or purchase contract for real estate. In simple terms, a personal guaranty is a promise made by an individual to be responsible for the payment of rent or purchase prices, as well as any other obligations under the terms of the lease or purchase agreement, if the tenant or purchaser fails to fulfill their obligations. The guarantor becomes personally liable for the debt, meaning that the landlord or seller can pursue legal action to recover the outstanding amounts directly from the guarantor's personal assets. These personal guaranties are typically used in commercial real estate transactions when a tenant or purchaser is a corporation or a limited liability company (LLC) with limited financial resources or creditworthiness. By having a personal guaranty, the landlord or seller has an additional layer of security, knowing that if the business entity defaults on its obligations, they can pursue the guarantor for the outstanding amounts. There are different types of Illinois Personal Guaranty — Guarantee of Contract for the Lease and Purchase of Real Estate, depending on the specific nature of the transaction. Some common variations include: 1. Lease Personal Guaranty: This type of personal guaranty is used in lease agreements, where the guarantor assures the landlord that they will be responsible for all the rental payments and other obligations specified in the lease if the tenant fails to fulfill them. 2. Purchase Personal Guaranty: In this case, the guarantor guarantees the payment of the purchase price agreed upon in the contract of sale for real estate. If the purchaser defaults on the payment, the guarantor becomes liable for the outstanding amount. It is important for both guarantors and tenants or purchasers to carefully review and understand the terms and conditions of the personal guaranty agreements before signing. Seeking legal advice is highly recommended ensuring that their rights and obligations are fully protected.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.