Everything is Negotiable, including Personal Guarantees

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As many entrepreneurs and small business owners know, banks, landlords and investors will often require a personal guarantee. A personal guarantee allows the lender to reach your personal assets to satisfy a debt in the event the business is not able to pay. While many lenders will walk away unless you are willing to provide a personal guarantee, it is important to understand that the terms and limits of a personal guarantee are negotiable.

When negotiating a personal guarantee, keep in mind the following terms and tactics:

  1. Limit the amount of the guarantee itself. Suggest a percentage of the loan or a reasonable dollar amount as a limit on the personal guarantee, or if there are multiple owners, limit each partner’s personal guarantee to a percentage of the total loan.
  2. Limit the time period of the guarantee. If the loan is for 5 years, negotiate the removal of the personal guarantee after 3 years, as long as certain milestones are met, such as timely payments.
  3. Re-negotiate. The relationship and your creditworthiness may progress over time. Leave open the possibility to re-negotiate the personal guarantee in the future to lower the percentage and length of time of the guarantee.
  4. Carve-outs.  Exempt particular assets from the guarantee, such as your home.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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