How should a bank lender sign an agreement with a guarantor?

1. How should the bank lender sign an agreement with the guarantor?

When a bank lends money, the bank generally requires a guarantor, and there will also be guarantee clauses in the bank contract that need the guarantor's signature. The lender is bound, but the clause that exempts or lightens the guarantor's liability without the consent of the bank is invalid. Changing the guarantee contract requires the bank's consent.

2. What if the guarantor finds that the lender has used the money for others and doesn't want to guarantee it?

1. In general, the guarantor cannot cancel the guarantee unless the creditor agrees. Guarantee is a contract. As long as the guarantee contract is signed, if the two parties cannot reach an agreement to terminate the guarantee contract, the guarantor must bear the guarantee responsibility.

2. The guarantee cannot be revoked before the borrower pays off the debt. According to the bank loan operation standard, the debt can only be transferred to others unless the guarantor, the borrower and the credit cooperative agree.

3. How should the bank lender sign an agreement with the guarantor?

How should a bank lender sign an agreement with a guarantor? When a bank lends money, the bank usually requires a guarantor, and the bank's contract will also have a guarantee clause that needs the guarantor's signature. The agreement signed by the Lender and the Guarantor is binding on both parties, but without the consent of the bank, the clause exempting or lightening the Guarantor's liability is invalid. Changing the guarantee contract requires the bank's consent.

Agreement between Guarantor and Lender on Private Lending Guarantee Contract-Borrower: Guarantor: Lender: The parties to this contract signed this contract in accordance with the Contract Law of People's Republic of China (PRC), Guarantee Law of People's Republic of China (PRC), General Principles of Civil Law of People's Republic of China (PRC) and the principles of equality, voluntariness, good faith and consensus, in order to clarify their responsibilities and abide by their credit. Part I Loan Terms Article 1 Loan Purpose: The loan under this contract is used and must be used for legal purposes. Article 2 Loan amount: The loan amount is RMB (in words): ten thousand yuan only, and in figures: ￥ (if the figures are inconsistent, the figures in words shall prevail, the same below). Article 3 Term of the loan: The term of the loan is months, from the date of the month to the date of the month. Article 4 Loan interest rate: The (annual/monthly) interest rate within the loan term is. (If the borrower fails to repay the principal at maturity, the overdue part will be charged with an interest rate of 5% on the basis of the interest rate agreed in this article) Article 5 Repayment method: The borrower chooses the following repayment method: 1. When the principal and interest are repaid in one lump sum, the interest will be paid off together with the principal. 2. Interest shall be settled on a (monthly/quarterly) basis, and the interest payment date shall be at the end of each (monthly/quarterly) period. 3. others. Article 6 Under the following circumstances, the lender has the right to require the borrower to pay off part or all of the loan principal and interest in advance within the agreed time limit at any time: 1. Borrowers use borrowed money for illegal activities. 2. The collateral is damaged or lost, which is not enough to achieve the purpose of this contract, and the borrower and guarantor cannot provide other guarantees recognized by the lender. 3. The credit crisis of the borrower or guarantor may cause the lender to be unable to recover the loan. Article 7 Rights and obligations of the borrower: 1. Truthfully provide relevant certificates, certificates and other materials, and accept the supervision and inspection of the lender; 2. Ensure that the loan is used according to the purpose of the loan and is not used for illegal activities; 3. Obtain the loan principal and repay the loan principal and interest on time according to the agreement in this contract. Article 8 Rights and obligations of the lender: 1. Ensure that the source of funds is legal; 2. Issue loans to borrowers as agreed; 3. Have the right to collect the loan principal and interest as agreed in this contract, and have the right to exercise the guarantee recourse as agreed. Part II Guarantee Clause Article 9 Guarantor: In order to ensure the borrower to fulfill the repayment obligation on schedule, the guarantor voluntarily guarantees all the property he owns and has the right to dispose of to the lender as a guarantee for the borrower to repay the loan. The guaranteed property under this contract is: the guarantor guarantees that the guaranteed own property meets the guarantee conditions and agrees to be bound by this contract. However, the guarantee undertaken by the guarantor is a joint liability guarantee. Article 10 Scope of guarantee: loan principal, interest, overdue interest, liquidated damages and all expenses (including arbitration fees, legal fees, attorney fees, etc.). ) To realize the creditor's rights under this Contract for the Lender. When the Borrower fails to fulfill the repayment obligation as agreed in this Contract, regardless of whether the Lender has other creditor's rights guarantee under this Contract, the Lender has the right to directly ask the guarantor to assume the guarantee responsibility. Part III Liability for Breach of Contract and Other Agreements Article 11 Liability for Breach of Contract: The following situations all constitute breach of contract, and the breaching party shall bear the liability for breach of contract: 1. If the documents and certificates provided by the borrower are false or illegal, the lender may require the borrower to immediately repay all the loans and corresponding interests, and may exercise the security right under this contract according to law. 2. If the borrower fails to repay the loan principal and interest in full at the expiration of the repayment period, it shall be regarded as a serious breach of contract, and shall pay the lender a penalty of% of the total loan principal separately, and bear all the expenses (including arbitration fees, legal fees, attorney fees, etc.) paid by the lender for realizing the creditor's rights. 3. If the Lender fails to grant the loan to the Borrower as agreed in this Contract, it shall be regarded as a serious breach of contract, and shall bear the direct expenses paid by other parties, and pay the Borrower a penalty of% of the total loan principal. 4. If the guarantor conceals the existence, dispute, seizure, guarantee or lease of the collateral, causing losses to the lender, he shall be liable for compensation to the lender. Article 12 Dispute settlement: Any dispute arising during the performance of this contract shall be settled by both parties through consultation; If negotiation fails, it shall be settled in the following way: 1. Submit to Huaibei Arbitration Commission for arbitration; 2. Bring a lawsuit to the people according to law. Article 13 Entry into force, modification, dissolution and termination: 1. Before the signing of this contract, all parties to the contract have fully understood and accepted the contents of this contract, and all expressions of will under this contract are true and valid. Both parties to the contract choose the following agreement as the effective condition of this contract: (1) It will take effect after being signed by all parties; (2) It will take effect after notarization by the notary office. 2. This contract shall be terminated after the loan principal and interest and related expenses under this contract are fully paid off. 2. If it is necessary to modify or terminate this contract, the parties to the contract shall reach a written agreement. Article 14 This contract is made in duplicate, with each party holding one copy. Borrower (signature or seal): Guarantor (signature or seal): Lender (signature or seal): Loan Contract II (hereinafter referred to as Party A) _ _ _ _ _ _ _ _ _ _ _ Contact address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Lender: (hereinafter referred to as Party B) _ _ _ _ _ _ _ _ _ _ _ Contact address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Guarantor: (hereinafter referred to as Party C) _ _ _ _ _ _ _ _ _ _ _ Contact address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Article 1 Loan Amount The loan amount under this contract is RMB (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Calculated from the date when Party B actually makes the loan .. Article 3 Purpose of the loan: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Without the written consent of Party B, Party A shall not change the purpose of the loan, including but not limited to the fields prohibited by the state from production and operation, illegal and criminal acts, projects prohibited by national laws and regulations and national policies, or projects not approved according to law. Article 4 The interest rate and settlement rate are 1, the loan interest rate is fixed, and the loan interest rate is _ _ _ _ _ _% of the monthly interest rate (in figures); During the loan period, the contract interest rate remains unchanged. 2. Calculation of interest: From the date of Party A's actual loan, the interest shall be calculated according to the actual loan amount and days; Interest calculation formula: interest = principal × actual days × daily interest rate; The calculation base of daily interest rate is 30 days per month and the conversion formula is: daily interest rate = monthly interest rate /30. 3. Interest settlement method □ Interest shall be paid according to the month of loan, and the corresponding date of the actual loan date shall be the interest settlement date. If there is no corresponding date in the current month, the last day of the current month is the interest settlement date. □ Pay interest on a natural monthly basis, and the last day of each month is the interest settlement date and interest payment date. If the last repayment date of the loan principal is not the interest payment date, the last repayment date of the loan principal is the interest payment date, and Party A shall pay all the interest payable. 4. Penalty interest (1) If Party A fails to repay the loan within the agreed time limit, interest will be charged according to the penalty interest rate for overdue repayment from the overdue date until the principal and interest are paid off. The default interest rate of overdue loans is 30% higher than the loan interest rate agreed in this contract. (2) If Party A fails to use the loan according to the agreed purpose, interest will be charged at the default interest rate of the misappropriated loan from the date of misappropriation until the principal and interest are paid off; The default interest rate of the misappropriated loan will rise by 50% as agreed in this contract. (3) For the same loans overdue misappropriation, the interest shall be charged according to the default interest rate of the misappropriated loan; (4) The interest and default interest that Party A fails to pay on schedule shall be compounded at the default interest rate agreed in Paragraph 3 of this Article. (5) If interest is charged at the penalty interest rate, the interest formula is: interest = (interest on unpaid principal) × actual days× daily penalty interest rate. Article 5 Conditions of Loan When Party A requires Party B to borrow money under this contract, it must provide the following information, and the information agreed in 1-5 and 13 is required for personal loans of natural persons; Materials agreed in 1 and 5- 13: 1 for enterprise loans. Submit an individual/enterprise credit loans application form to Party B; 2. Party A's latest identity certificate, marital status and income certificate; 3. If there is a credit card, issue a credit card bill and repayment record for the last six months; 4. Personal account information of Party A transferred to the loan; 5. Proof of the purpose of the loan, such as purchase invoices, purchase and sale contracts and agreements, or a statement from Party A to guarantee and explain its legal purpose, etc. 6. The borrower has provided the guarantee according to the requirements of the lender, and the guarantee contract has come into effect and completed the legal approval, registration or filing procedures; 7. The borrower has kept the borrower's documents, bills, seals, personnel list and signature samples related to the conclusion and performance of this contract with the lender, and filled in relevant vouchers; 8. The Borrower has opened an account necessary for the performance of this Contract as required by the Lender; 9. Submit a written withdrawal application and documents related to the purpose of the loan to the lender, and handle relevant withdrawal procedures; 10. The Borrower has submitted to the Lender the resolution and power of attorney of the board of directors or other competent departments agreeing to sign and perform this Contract; 1 1. The borrower has not violated the provisions of this contract; 12. Other conditions for withdrawal stipulated by law and agreed by both parties. 13. The borrower shall provide proof of its existing assets, which shall be signed by himself and his immediate family. Article 6 Issuance of Loans After Party B agrees to Party A's loan application, Party B will transfer the loan to the bank settlement account provided by Party A: (bank (accurate to the sub-branch): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _). If the borrower fails to obtain the loan due to the borrower's own reasons or the third party's reasons, rather than the lender's reasons, the lender will not bear any responsibility. Article 7 After the repayment of the loan expires, Party A will transfer the principal interest to the bank settlement account provided by Party B: (the opening bank (accurate to the sub-branch): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Account name: _ _ _ _ _ _ _ _ _ _ _; Account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 1. The loan under this contract shall be repaid by the method of □ equal monthly repayment of principal and interest: the monthly interest rate of the loan shall be determined according to Article 4 of this contract, and the amount of principal and interest repaid by Party A every month shall be RMB (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ □ Repay the principal and interest on a monthly basis, and repay the principal at maturity: the monthly interest rate of the loan is determined according to Article 4 of the Contract. At the maturity of the loan, the monthly interest amount repaid by Party A is RMB (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Party A shall repay the principal in a lump sum of RMB (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. □ Repayment by one-time repayment of principal and interest when the loan expires: the monthly interest rate of the loan is determined according to Article 4 of the Contract. The amount of principal and interest to be repaid by Party A on the loan maturity date is RMB (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. In case of monthly repayment, Party A shall start monthly repayment in the second month after the loan is issued. The repayment period is * * *. In case of monthly repayment, _ _ _ day of each month shall be the repayment date. If the loan date does not correspond to the repayment date, the first and last repayment amount shall be calculated according to the actual number of days. Article 8 Repayment in advance The loan used by Party A can be repaid in advance, but the following conditions shall be met: 1. The prepayment amount shall be paid in full; 2. If Party A makes a written request to Party B _ _ in advance and Party B confirms that the repayment is made in advance, the interest shall be calculated according to the interest rate and interest calculation method agreed in this contract, and the interest shall be calculated in January if it is less than one month. If Party B agrees to repay the loan in advance, in addition to the normal interest, Party B has the right to collect 3% of the total loan amount as damages. Article 9 Guarantee 1. Guarantor's statement: the guarantor is qualified as a guarantor according to the laws of China, and the guarantor has the ability to undertake the guarantee responsibility; All documents, materials, statements and vouchers provided by the guarantor to the creditors are accurate, true, complete and effective; The guarantor fully understands the contents of the main contract and voluntarily provides guarantee for the main debtor, which means that it is all true. 2. Guarantor Party C shall be jointly and severally liable for Party A's debts under this contract. If Party A fails to perform or fully pay off the debts as agreed, Party B has the right to directly ask Party C to assume the guarantee responsibility. Party C shall perform the repayment obligations within 10 working days from the date of receiving Party B's notice of overdue loan repayment ... 3. Scope of guarantee: loan principal and interest under this contract, liquidated damages (including penalty interest) and damages payable by Party A, expenses for realizing creditor's rights, etc. 4. Guarantee period: the guarantee period under this contract is two years from the date of the borrower's debt performance period (including the early maturity date of the loan); If the principal debt is performed by stages, the guarantee period shall be from the effective date of this contract to two years after the expiration of the last debt performance period. 5. During the guarantee period, if Party C changes/cancels its organization or has other changes that may affect its guarantee ability, Party C shall notify Party B in writing 60 days in advance, and all guarantee responsibilities under this contract shall be borne by the changed organization or Party C shall become a new guarantor accepted by Party B within 30 days. 6. During the guarantee period, Party C shall not provide a guarantee beyond its own affordability to a third party. 7. Party C shall pay Party B a penalty of 5% of the loan amount under this contract, if the penalty is not enough to cover the losses, it shall also compensate Party B for the actual economic losses. Party C is responsible for the above liquidated damages and compensation, as well as the loan principal, interest, liquidated damages (including penalty interest) and other expenses for which Party C is not responsible for the guarantee. Article 10 The event of default and its handling 1. One of the following events constitutes or is regarded as Party A's breach of the Contract: (1) Providing false materials, documents and information to Party B or concealing important facts, materials, documents and information, which may or has caused losses; (2) Failing to repay the loan principal and interest on time; (3) Failing to use the loan funds in the agreed way or using the loan for the agreed purpose; (4) Party A is required to provide a guarantee and guarantor when an event that Party B thinks may affect Party A's economic situation or performance ability occurs, but Party A refuses; (5) Party A violates other provisions of this contract concerning the rights and obligations of both parties. 2. When the event of breach of contract specified in the preceding paragraph occurs, Party B has the right to take the following measures independently or simultaneously: (1) require Party A to correct its breach of contract within a time limit; (2) To announce that all or part of the loan principal and interest under this contract will expire in advance; (3) Suspension or termination of all or part of the loans that have not been issued; (4) Suspend or terminate all or part of other business between Party A and Party B; (5) Termination or rescission of this contract, and termination or rescission of all or part of other contracts between Party A and Party B; (6) Ask Party A to compensate Party B for the losses caused by its breach of contract; (7) Other measures that Party B deems necessary. The Lender shall not bear any losses caused by exercising the above legal rights. Article 11 Notarization This contract can be notarized; Within _ _ _ _ working days after the signing of this contract, both parties shall go to the notary office for compulsory notarization. If Party A fails to perform or fails to perform the repayment obligation correctly, Party B may apply to the people's court with jurisdiction for compulsory execution according to law, and Party A is willing to accept compulsory execution. Article 12 Unless otherwise provided by law or otherwise agreed by the parties, expenses (including but not limited to attorney's fees, etc. All expenses arising from the conclusion, performance and dispute settlement of this Contract shall be borne by the Borrower and the Guarantor. Legal fees, attorney fees and other expenses arising from the creditor's right of recourse against the borrower and the guarantor shall be borne by the borrower and the guarantor. Article 13 Other agreements. Without the written consent of Party B, Party A shall not transfer any rights and obligations under this contract to a third party. 2. If Party B transfers the rights and obligations under this contract to any other third-party natural person or legal person as a whole, with the consent of Party A and Party C, Party C will continue to undertake its guarantee responsibilities within the original guarantee scope, and Party B may notify Party A and Party C according to any contact information of Party A specified in this contract; The third party who undertakes the rights and obligations under this contract has the right to exercise all the rights under this contract instead of Party B, and bring a lawsuit or apply for enforcement in the name of this third party. 3. Without affecting other agreements in this contract, this contract is legally binding on the three parties and their respective successors and assigns. 4. Unless otherwise agreed, the three parties designate the address specified in this contract as the communication and contact address, and promise to inform the other party in writing in time when the communication and contact address changes. Delivery method: letter, express, newspaper, media, e-mail, fax, telephone, SMS, etc. Party B will be deemed to have delivered the documents to the addresses confirmed by Party A and Party C. 5. The titles and business names in this contract are only for convenience of reference and shall not be used to explain the terms and contents and the rights and obligations of both parties. 6. Disputes arising from this contract shall be under the jurisdiction of Gucheng County People's Court. Article 14 Effective Contract This contract shall be signed by three parties (the legal person shall have the legal representative's signature or official seal) and come into effect as of the date when Party B pays the loan. Party A and Party C declare that I have understood and agreed to all the contents of this contract after consultation with me and full notification and explanation by Party B. Remarks: Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

How to write the agreement between the lender and the guarantor, their relationship, scope of responsibility, etc. You'd better ask a lawyer for help.

How can the guarantor sign an exemption agreement with the bank, and the guarantor has no responsibility? The guarantor and the debtor shall bear joint and several liability for guarantee and be protected by law from the time the contract agreement is signed. It will not be invalid because of any form of legal loopholes, including signing exemption agreements with banks, and will not be protected by law. According to Article 12 of China's "Guarantee Law", if there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract. If there is no agreement on the share of guarantee, the guarantor shall bear joint and several liability, and the creditor may require any guarantor to bear all the guarantee liability, and the guarantor is obliged to ensure the realization of all the creditor's rights. The surety who undertakes the suretyship liability has the right to recover from the debtor, or ask other sureties who undertake joint liability to pay off their share. Article 18 Where the parties agree in the suretyship contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee. Article 19 If the parties have not agreed on the method of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee.

It is estimated that the bank lender will not be able to pay back the money. How should the guarantor protect himself? It is estimated that the bank lender can't pay back the money, and the guarantor can assist the bank to go to the debtor's home to urge money and interest. If the debtor really can't pay the bill, the guarantor can only pay the bill. Banks will not resort to violent collection, but only legal procedures, so the personal safety of the guarantor is guaranteed, and it is only necessary to find ways to collect and repay the loan.

The guarantor is no longer responsible for the change of the use of the guarantee fund.

Article 24 of the Guarantee Law stipulates: "If the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. Unless otherwise agreed in the guarantee contract, such agreement shall prevail. "

Article 30 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC) stipulates that during the guarantee period, the creditor and the debtor change the main contract on matters such as quantity, price, currency and interest rate. If the debtor's debt is reduced without the consent of the guarantor, the guarantor shall still be liable for the changed contract; Where the debtor's debt is aggravated, the guarantor shall not be liable for the aggravated part. If the creditor and the debtor agreed to change the contents of the main contract, but failed to actually perform it, the guarantor shall still bear the guarantee liability.

Article 39 of the Interpretation of the Guarantee Law also specifically stipulates this situation: "If the parties to the main contract agree to repay the old loan with the new loan, the guarantor will not bear civil liability, except what the guarantor knows or should know."

Do you want the guarantor and the borrower to sign the IOU at the same time? Hello, if necessary, sign the contract in the presence of all parties.

How to write that the guarantor and the borrower signed an agreement, a temporary loan agreement, and the old man in the family was fooled by the intermediary. He paid the intermediary a deposit of 20,000 yuan without looking at the house (because the old man had no cash at that time, the intermediary took the initiative to lend it to the old man and asked for a loan) and signed a tripartite contract. After returning home, my family unanimously opposed it, and now I want to get my deposit loan back. The intermediary refused on the grounds of breach of contract and asked the elderly to return 20 thousand yuan as soon as possible. We don't agree, the intermediary asked us to sign a supplementary agreement, saying that the owner would continue to find a buyer, and if the house was sold, the old man would be exempted from the liability for compensation; You still have to pay for it if you can't sell it. Is the practice of intermediary reasonable? Is there any chance to get the deposit back?

What conditions should a loan guarantor have? Whether it is a guarantor or a lender, the risk of a guarantor is very great at any time. First of all, we need to find out what is a guarantee and guarantor from the relevant chapters of the Guarantee Law of People's Republic of China (PRC); And the way to ensure it. Article 6 The term "guarantee" as mentioned in this Law refers to the act that the guarantor and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement. Article 7 "A legal person, other organization or citizen who has the ability to pay off on behalf of him may act as a guarantor." Article 16 "The ways of guarantee are: (1) general guarantee; (2) Joint and several liability guarantee. " Article 17 "If the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, it is a general suretyship. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract has been tried or arbitrated and the debtor's property has been enforced according to law. Under any of the following circumstances, the guarantor shall not exercise the rights stipulated in the preceding paragraph: (1) the debtor's domicile changes, and it is difficult for the creditor to ask him to perform his debts; (2) The people's court accepts the bankruptcy case of the debtor and suspends the execution procedure; (3) The guarantor waives the rights stipulated in the preceding paragraph in writing. " Article 18 "Where the parties agree in the suretyship contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability. If the debtor of the joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee. " Article 19 "If the parties have not agreed on the way of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee." It is not difficult to see from the above terms that no matter what form of guarantee, once the guaranteed debtor has economic panic, the guarantor will bear the risk of repaying the debt for the guaranteed.

If the lender imitates the guarantor's signature to defraud the bank loan, is the guarantor responsible? What legal procedures need to be taken? Sin. The guarantor can be a lender or a bank.

After the lender and the guarantor verbally agree to borrow money, they don't have to bear any responsibility with the guarantor, okay? 1. It is the lender who needs to pay back the money. 2. The guarantor may bear joint and several liabilities. Rural credit cooperatives can ask the guarantor to pay back the money, and the guarantor will ask the lender for money. Children are not obliged to take responsibility for their parents' debts. 4. If the debtor's property is in the children's place and the person subjected to execution escapes, he has the right to seal up the debtor's property stored in the children's place. 5. Property includes movable and immovable property, including houses and cars. Anything in the name of the guarantor or lender can be sealed up. 6. Remember that the guarantor may not be jointly and severally liable, but depends on how the guarantee agreement is written. Even if they are jointly and severally liable for repayment, they can ask the lender to pay back the money. If the lender refuses, it can bring a lawsuit, provided that the evidence, guarantee agreement and repayment voucher are kept.

Four, the borrower mortgage guarantor how to sign a contract with the borrower?

1. A guarantee contract is a contract between the guarantor and the creditor, and it is not necessary to sign a guarantee contract with the borrower.

2. If the borrower takes the building as the mortgage, the guarantor shall only assume the guarantee responsibility for the debts other than the mortgage of the building.

Guarantee law

Article 28 If the same creditor's right is secured by two things, the guarantor shall be liable for the creditor's right other than the thing.

If the creditor waives the property guarantee, the guarantor shall be exempted from the guarantee liability within the scope of the creditor's waiver of rights.