Your position
Advice for the person signing
INDEPENDENCE CHECK
Start by identifying who needs advice, who benefits from the transaction and whether we can act independently.
Independent legal advice before you sign
Understand the obligations in loan, mortgage or guarantee documents before accepting them. Ask Domium about solicitor advice focused on your position and the documents you have been given.
Your obligations
Understand what you are accepting
DOCUMENT REVIEW
Discuss the responsibilities, risks and potential consequences of the documents with a solicitor.
Your choice
Time to ask the important questions
BEFORE SIGNING
Raise concerns and clarify the documents before deciding whether you want to proceed.
PERSONAL RESPONSIBILITY
A guarantee can put your own assets at risk
Being asked to support someone else's loan is a significant decision. The borrower, lender and guarantor can have different interests. Independent legal advice helps you understand the documents from your own position, including what the lender may be able to require if the borrower does not meet their obligations.
What to discuss with your solicitor
Capacity
Who is signing and in what role
Clarify whether you are signing personally, as a guarantor, trustee or company officer, and which obligations apply to you.
Exposure
What the documents can require
Understand the guarantee, security, repayment or other commitments described in the documents and the risks they may create.
Conditions
Limits, changes and release
Ask about any limits on the obligation, how it can change and the conditions for being released from it.
Requirements
Advice certificates and signing
Confirm what the lender requires, which documents must be reviewed and whether any certificate can be completed after advice.
THE RIGHT SCOPE OF ADVICE
Confirm the requirements before the appointment
Lender instructions and advice certificates can differ. Share the full document pack, the lender's requirements and any proposed signing date when you enquire. We first confirm the scope, independence and availability, then explain the engagement and fees before you proceed.
How to arrange independent legal advice
Share the documents early so the engagement can be checked before your proposed signing date.
1. Send an enquiry
Tell us what you have been asked to sign, who is involved and whether a lender has provided an advice certificate or deadline.
2. Confirm independence and scope
We assess whether we can act for you independently and confirm the documents, appointment requirements and fee.
3. Meet with the solicitor
Discuss the documents, your understanding and any concerns. Ask for clarification on obligations or consequences you do not understand.
4. Decide how to proceed
Take the advice into account before making your decision. Any certificate or signing step is dealt with only where appropriate and the requirements are met.
Independent advice is more than witnessing a signature
A request for legal advice or an advice certificate requires a proper review of the documents and your position. We need to confirm that we can act independently. If another party's interests create a conflict, a different solicitor or firm may be required.
Independent legal advice questions
Prepare for a useful discussion about the documents you have been asked to sign.
REQUEST LEGAL ADVICEA lender may request it for a guarantee, mortgage or other loan-related commitment. You can also seek advice when you want a solicitor to explain documents before accepting personal or financial obligations.
Independence and conflicts need to be assessed. The borrower and guarantor can have different interests, so do not assume one solicitor can advise everyone. We check this before confirming whether we can act.
Provide the full document pack, any lender instructions or certificate, the parties' details and your proposed signing date. We will confirm identification and any other requirements for the appointment.
No. The solicitor must first consider the documents, the required certificate and whether the necessary advice and other requirements can be met. A certificate is not an automatic outcome of booking an appointment.
Fees and timing depend on the documents, complexity and requirements. Tell us about any deadline when you enquire so we can confirm scope, availability and cost before you proceed.
ASIC's Moneysmart explains the responsibilities and possible consequences of going guarantor. Independent legal advice should address the documents and circumstances of your own proposed commitment.
Results that speak
Trusted by 2,000+ property buyers, investors and SMSF clients
Read our Google reviews5.00
Settlement was smooth and team proactively chased all legal angles as and when required.
5.00
We settled our first home with Domium and it has been an excellent experience. … They are very easy to reach and highly responsive.
5.00
Doing my refinance with Domium was such an incredibly easy and straightforward process…
5.00
More specifically, the legal services team is prompt in their services.
5.00
Domium is high tech platform with a continuous one-on-one support making the whole refinancing experience easy and seamless.
5.00
The platform was easy to use and provided clear information on the current status and next steps.
5.00
Less messing about with paperwork and a quicker route to a new property. Can't recommend Domium as a business more.
5.00
In the end, Domium was the only one capable of meeting my specific needs within an exceptionally tight timeframe.
5.00
Great service. Hassle free and best process and timely updates. This is my second experience with them.
5.00
They explained everything clearly, kept me informed, and made the whole process much easier and less stressful.
5.00
Settlement was smooth and team proactively chased all legal angles as and when required.
5.00
We settled our first home with Domium and it has been an excellent experience. … They are very easy to reach and highly responsive.
5.00
Doing my refinance with Domium was such an incredibly easy and straightforward process…
5.00
More specifically, the legal services team is prompt in their services.
5.00
Domium is high tech platform with a continuous one-on-one support making the whole refinancing experience easy and seamless.
5.00
The platform was easy to use and provided clear information on the current status and next steps.
5.00
Less messing about with paperwork and a quicker route to a new property. Can't recommend Domium as a business more.
5.00
In the end, Domium was the only one capable of meeting my specific needs within an exceptionally tight timeframe.
5.00
Great service. Hassle free and best process and timely updates. This is my second experience with them.
5.00
They explained everything clearly, kept me informed, and made the whole process much easier and less stressful.
YOUR NEXT STEP
Get the documents explained before you decide
Send an enquiry with the document type and lender requirements. We will confirm whether we can act and the next steps for advice.