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steph01 | 15:48 Sun 23rd Oct 2005 | Business & Finance
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if i am a gaurantor for a loan for my son and he is now 21 can i be removed as a gauantor? what are my legal rights as a gauantor?
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No you cannot be removed as a guarantor unless the finance ocmpnay agree to it. They will very rarely do this unless they have a better guarantor.

Your legal obligations are that if your son defaults on any payments, you will make the payment for him. If it is a guarantee & indemnity, then you also indemnify the finance company against any potential loss that they may make

The bad news is that guarantors don't have rights, only responsibilities. As Vic says, if your son defaults you have to pay up.

In truth it depends on the terms of the guarantee / indemnity you have.  It is possible in certain circumstances for a guarantor to serve notice in respect of the principal debt.

A guarantee is in essence a contract; you need to look at the individual terms.

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