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Arizona Personal Guaranty - Guarantee of Contract for the Lease and Purchase of Real Estate

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Multi-State
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US-60752
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Description

Purchaser has requested that seller enter into a contract for the lease and purchase of real estate for certain property. As an inducement to seller to enter into the contract for the lease and purchase of real estate, guarantor has agreed to personally guarantee the payment and performance of all of purchaser's obligations, conditions and covenants as set forth in the contract for the lease and purchase of real estate.

An Arizona Personal Guaranty — Guarantee of Contract for the Lease and Purchase of Real Estate is a legally binding agreement wherein a person or entity agrees to personally guarantee the fulfillment of a contract related to the lease or purchase of real estate in the state of Arizona. This additional level of assurance is commonly required by lenders, landlords, or sellers to protect their interests and ensure that the obligations outlined in the contract will be fulfilled. There are several types of Arizona Personal Guaranty — Guarantee of Contract for the Lease and Purchase of Real Estate, depending on the specific situation or transaction: 1. Commercial Lease Guaranty: This type of guaranty is applicable when a business entity or individual is acquiring a commercial property for lease purposes. The guaranty ensures that the tenant will fulfill their lease obligations, such as paying rent, maintaining the property, and adhering to any other terms mentioned in the lease agreement. 2. Residential Lease Guaranty: This form of guaranty is used when an individual is leasing a residential property, such as an apartment or house. It guarantees that the tenant will fulfill their obligations, including timely rent payments, proper maintenance of the property, and compliance with the lease terms. 3. Purchase and Sale Guaranty: This type of guaranty is relevant for real estate purchase transactions. It ensures that the buyer will fulfill their obligations as outlined in the purchase agreement, such as timely payment of the purchase price, adherence to any contingencies, and completion of the transaction according to the agreed terms. 4. Construction Loan Guaranty: This type of guaranty is often required by lenders when financing construction projects. It guarantees that the borrower will fulfill their obligations, including repayment of the loan, completion of the construction within specified timelines, and adherence to applicable regulations. These different types of Arizona Personal Guaranty — Guarantee of Contract for the Lease and Purchase of Real Estate serve as legally enforceable agreements that protect the interests of all parties involved in real estate transactions. It is important to carefully review and understand the terms and conditions outlined in the guaranty before signing the document, as it imposes personal liability on the guarantor should the contract obligations not be fulfilled.

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FAQ

Providing a personal guarantee means that if the business becomes unable to repay the debt, the individual assumes personal responsibility for the balance. Personal guarantees provide an extra level of protection to credit issuers who want to make sure they will be repaid.

Guarantee can refer to the agreement itself as a noun, and the act of making the agreement as a verb. Guaranty is a specific type of guarantee that is only used as a noun.

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.

Contracts of guarantees may be classified into two types: Specific guarantee and continuing guarantee. When a guarantee is given in respect of a single debt or specific transaction and is to come to an end when the guaranteed debt is paid or the promise is duly performed, it is called a specific or simple guarantee.

Retrospective guarantee It is a guarantee issued when the debt is already outstanding. Prospective guarantee Given in regard to a future debt. Specific guarantee Also known as a simple guarantee, it's a type that is used when dealing with a single transaction, and therefore a single debt.

An otherwise valid and enforceable personal guarantee can be revoked later in several different ways. A guaranty, much like any other contract, can be revoked later if both the guarantor and the lender agree in writing. Some debts owed by personal guarantors can also be discharged in bankruptcy.

A guarantee agreement definition is common in real estate and financial transactions. It concerns the agreement of a third party, called a guarantor, to provide assurance of payment in the event the party involved in the transaction fails to live up to their end of the bargain.

Guaranty and Security Agreement means a guaranty and security agreement, dated as of even date with the Agreement, in form and substance reasonably satisfactory to Administrative Agent, executed and delivered by each of the Borrowers and each of the Guarantors to Administrative Agent.

Guaranty Agreement a two-party contract in which the first party agrees to perform in the event that a second party fails to perform. Unlike a surety, a guarantor is only required to perform after the obligee has made every reasonable and legal effort to force the principal's performance.

Contract of Guarantee means a contract to perform the promises made or discharge the liabilities of the third person in case of his failure to discharge such liabilities.

More info

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Arizona Personal Guaranty - Guarantee of Contract for the Lease and Purchase of Real Estate