Understanding the Role and Responsibilities of a Guarantor

Discover what a guarantor is, their responsibilities, and the key differences between guarantors and co-signers.

What Is a Guarantor?

A guarantor is an individual who promises to pay a borrower’s debt if the borrower defaults on their loan obligation. Guarantors pledge their own assets as collateral against the loans. On rare occasions, individuals act as their own guarantors by pledging their own assets against the loan. The term “guarantor” is often interchanged with the term “surety.”

Key Takeaways

  • A guarantor guarantees to pay a borrower’s debt if the borrower defaults on a loan obligation.
  • The guarantor guarantees a loan by pledging their assets as collateral.
  • A guarantor also describes someone who verifies the identity of an individual attempting to land a job or secure a passport.
  • Unlike a co-signer, a guarantor has no claim to the asset purchased by the borrower.
  • If the borrower defaults on their loan, the guarantor is liable for the outstanding obligation; otherwise, legal action may be brought against them.

Understanding a Guarantor

A guarantor is typically over the age of 18 and resides in the country where the payment agreement occurs. Guarantors generally exhibit exemplary credit histories and sufficient income to cover the loan payments if and when the borrower defaults, at which time the guarantor’s assets may be seized by the lender. If the borrower chronically makes payments late, the guarantor may be on the hook for additional interest owed or penalty costs.

Types of Guarantors

There are many different scenarios in which a guarantor would need to be used. This ranges from assisting people with poor credit histories to helping those without a high enough income. Guarantors also don’t necessarily need to be liable for the entire monetary obligation in the guarantee. Below are different situations that would require a guarantor and the type of guarantor in a specific guarantee.

Guarantors as Certifiers

Along with pledging their assets as collateral against loans, guarantors may also help individuals land jobs and secure passport documents. In these situations, guarantors certify that they personally know the applicants and corroborate their identities by confirming photo IDs.

Limited vs. Unlimited

As defined under the terms of the loan agreement, a guarantor can either be limited or unlimited concerning timetables and levels of financial involvement. For instance, a limited guarantor may be asked to guarantee a loan only up to a certain time, after which the borrower alone assumes responsibility for the remaining payments and alone suffers the consequences of defaulting.

A limited guarantor may also only be responsible for backing a certain percentage of the loan, referred to as a penal sum. This differs from unlimited guarantors, who are liable for the entire amount of the loan throughout the entire duration of the contract.

Other Contexts for Guarantors

Guarantors aren’t solely used by borrowers with poor credit histories. Specifically, landlords frequently require first-time property renters to provide lease guarantors. This commonly occurs with college students whose parents assume the role of the guarantor in case the tenant is unable to make the rent or prematurely breaks the lease agreement.

Guarantors vs. Co-signers

A guarantor differs from a co-signer, who co-owns the asset and whose name appears on titles. Co-signer arrangements typically occur when the borrower’s qualifying income is less than the figure stipulated in the lender’s requirement. This differs from guarantors, who step in only when borrowers have sufficient income but are thwarted by poor credit histories. Co-signers share ownership of an asset, while guarantors have no claim to the asset purchased by the borrower.

However, in the event the borrower has a claim against a third party that has caused the default, the guarantor has the right to invoke a process called “subrogation” to recover damages.

For example, in a rental agreement, a co-signer would be responsible for the rent from day one, whereas a guarantor would only be responsible for the rent if the renter fails to make a payment. This also applies to any loan. Guarantors are only notified when the borrower defaults, not for any payment before that.

In essence, a co-signer takes on more financial responsibility than a guarantor does, as a co-signer is equally responsible from the start of the agreement, whereas a guarantor is only responsible once the primary party to the contract fails to meet their obligation.

Advantages and Disadvantages of Guarantors

In an agreement with a guarantor, the advantages usually lie with the primary party in the contract, whereas the disadvantages usually affect the guarantor. Having a guarantor means that the loan or agreement has a higher chance of being approved and much more quickly. Likely, it can allow for borrowing more and receiving a better interest rate, although loans with guarantors tend to have higher interest rates.

In a rental agreement, one way to avoid needing a guarantor is by paying a few months of rent upfront if you are in a position to do so.

The disadvantages lie with the guarantor. If the person you are guaranteeing fails to pay their obligations, then you are on the hook for the amount. If you are not in a financial situation to make the payments, then you are still liable for the amount and your credit score will be negatively impacted, and legal action may be taken against you. Guaranteeing a loan also limits your ability to borrow additional money for something else because you are tied to an existing obligation.

Pros

  • Helps a borrower obtain a loan or rental much easier.
  • Allows for the ability to borrow a higher amount.
  • Can help the borrower improve their credit history.

Cons

  • The guarantor may be liable for the outstanding obligation.
  • The guarantor’s credit score could be negatively impacted.
  • The ability to obtain another loan for a different use is limited.

Is a Guarantor a Co-signer?

Though the terms are used interchangeably, they are distinct. A co-signer takes on equal responsibility in an agreement, co-owns the asset, and is responsible for payments from the start of the agreement. A guarantor is only responsible for payments once the primary party to the agreement defaults and is then notified by the lender. A co-signer has more financial responsibility than a guarantor.

Is a Parent a Guarantor?

A parent can act as a guarantor and often does so for a child’s first rental property, as the child’s income is usually not high enough at a young age.

How Do You Qualify As a Guarantor?

Different agreements and different lenders have varying requirements for a guarantor. At the minimum, a guarantor will need to have a high credit score without any issues in their credit report. They will also need to have an income that is a certain multiple of the monthly or annual payments.

How Much Do You Need to Earn to Be a Guarantor?

There is no specific amount that an individual needs to earn to be a guarantor. The amount is directly related to the loan in question or the rent on a property. For rental agreements, landlords usually expect the guarantor to have an annual income that is at least 40 times the monthly rent.

What Happens If a Guarantor Cannot Pay?

If a guarantor cannot pay, both they and the borrower are liable for the obligations. The lender will begin collection proceedings against both the guarantor and the borrower, which will adversely impact the credit profiles of both.

The Bottom Line

A guarantor is an individual who agrees to pay a borrower’s debt if the borrower defaults on their obligation. A guarantor is not a primary party to the agreement but provides additional security for a lender. A guarantor will typically have a strong credit score and earn sufficient income to meet the obligation.

Having a guarantor on a loan agreement greatly benefits the borrower as it allows for the agreement to be approved much faster and often at a higher amount.

In the event of a default, the guarantor must meet the obligation. If they do not, they are still liable and may face legal action for the outstanding amount. Their credit score will also be negatively affected.

Related Terms: co-signer, credit score, collateral, subrogation, credit report.

References

Get ready to put your knowledge to the test with this intriguing quiz!

--- primaryColor: 'rgb(121, 82, 179)' secondaryColor: '#DDDDDD' textColor: black shuffle_questions: true --- ## What is the primary role of a guarantor? - [ ] To provide financial investment advice - [ ] To lend money directly to the borrower - [x] To promise the repayment of a loan if the borrower defaults - [ ] To assess the creditworthiness of potential borrowers ## In which situation might a guarantor be commonly used? - [ ] Mergers and acquisitions - [ ] Day trading - [x] Personal loans, such as student loans or mortgages - [ ] Dividend distributions ## Which of the following could be a potential risk for a guarantor? - [ ] Increased interest rates on their personal loans - [ ] Enhanced credit score regardless of the borrower’s payment history - [x] Being liable for the remaining amount if the borrower defaults - [ ] Control over borrower’s additional loans ## What is required for someone to qualify as a guarantor? - [x] Strong credit history and financial stability - [ ] Ability to borrow money from the lender - [ ] Comprehensive understanding of the stock market - [ ] No other existing financial responsibilities ## Which legal document specifies the guarantor’s obligations? - [ ] Stock certificate - [ ] Trade agreement - [x] Guarantee agreement - [ ] Billing statement ## How does becoming a guarantor affect one’s personal credit report? - [ ] It permanently improves the guarantor’s credit score - [ ] It stays independent of the borrower’s credit activities - [ ] It leads to automatic loan approvals for the guarantor - [x] It may be impacted if the borrower defaults, as the guarantor may be responsible for repayment ## When does the lender typically contact the guarantor for payment? - [ ] Upon the loan’s approval - [ ] During regular repayment periods - [x] When the borrower has missed payments or defaulted on the loan - [ ] Proactively when a loan is refinanced ## What is one advantage of having a guarantor for borrowers? - [x] Increased likelihood of loan approval with better terms - [ ] Guaranteed forgiveness of all debts - [ ] Direct rewards program for the guarantor - [ ] Enhanced impact on the community credit pool ## Under what circumstances can a guarantor’s obligations end? - [ ] Whenever the borrower demands - [ ] Automatically after a year - [ ] If the borrower declares bankruptcy - [x] When the primary loan is fully repaid or refinanced ## Which of the following is true about a guarantor’s commitment? - [ ] It is only applicable for partial loan amounts - [ ] It is often non-legal or non-binding - [x] It is a binding legal agreement enforceable in the event of default - [ ] It can be withdrawn easily at any time