What does guarantee mean in legal terms?

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1 : a pledge to pay another's debt or to perform another's duty in case of the other's default or inadequate performance compare letter of credit. 2 : guarantee sense 3. 3 : guarantor. 4 : something given as security : pledge. 5 : the protection of a right afforded by legal provision (as in a constitution)

A guarantee is a contractual promise to: Ensure that a third party fulfils its obligations (pure guarantee); and/or. Pay an amount owed by a third party if it fails to do so itself (conditional payment guarantee).

A guaranty agreement is a contract between two parties where one party agrees to pay a debt or perform a duty in the event that the original party fails to do so. The party who makes the guaranty is called the guarantor. An agreement of this nature is often used in real estate, insurance, or financial transactions.

Guarantee. 1) v. to pledge or agree to be responsible for another's debt or contractual performance if that other person does not pay or perform.

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.

A guaranty of payment is an independent agreement by a person or an entity to pay the loan when it goes into default. Even if the borrower is unable or unwilling to pay back the loan, the Bank can require the guarantor to pay it back.

Purpose of GuarantyThe guarantor agrees to pay the obligations of the borrower under the loan agreement in the event that the borrower does not pay. In addition to being an alternate source of repayment, guaranties provide evidence that the guarantor intends to stand behind the borrower.

A financial guarantee is an agreement that guarantees a debt will be repaid to a lender by another party if the borrower defaults. Essentially, a third party acting as a guarantor promises to assume responsibility for a debt should the borrower be unable to keep up on its payments to the creditor.

A guaranteed mortgage is a home loan guaranteed by a third party, often a government agency that will buy the debt from the lender and take responsibility for the loan if the borrower defaults. The value of the home secures the mortgage. If the borrower defaults, the lender can file a claim against the guarantor.

Put another way, a guaranty of collection requires that the debtor must exhaust certain remedies against the debtor before proceeding against the guarantor, while a guaranty of payment means that the lender can proceed directly against the guarantor even if the debtor is solvent and otherwise able to pay.

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South Dakota Guaranty of Payment of Open Account

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