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
5.00
We were buying our first home and felt overwhelmed at the start. Domium kept everything clear, moved quickly, and made the whole process feel far less stressful than we expected.
Result:
First home purchase completed with confidence
— Emily R.
Sydney, NSW
5.00
The communication was excellent from day one. We always knew what stage we were at, what was still outstanding, and what the next step would be.
Result:
Loan and settlement managed in one smooth journey
— James T.
Melbourne, VIC
5.00
We refinanced and finally felt like we had a structure that actually suited us. The team explained everything in plain English and made the numbers easy to understand.
Result:
Refinance completed with a clearer loan strategy
— Sarah L.
Brisbane, QLD
5.00
What stood out most was how coordinated everything felt. Instead of chasing different people, we had one team across the journey and that saved us a lot of time.
Result:
Property purchase progressed with less back and forth
— Michael P.
Adelaide, SA
5.00
We were on a tight timeline and Domium stayed on top of every detail. They were responsive, organised, and calm when things became time-sensitive.
Result:
Finance approved and settlement kept on track
— Olivia W.
Perth, WA
5.00
As investors, we wanted clarity around structure and next steps. Domium gave us practical advice, kept things moving, and made the process feel very well managed.
Result:
Investment purchase completed with stronger structure
— Nathan C.
Gold Coast, QLD
5.00
The experience felt professional without ever becoming too formal or confusing. We had confidence in the advice and felt supported the whole way through.
Result:
Home loan journey handled with clarity and support
— Chloe D.
Canberra, ACT
5.00
We had a few moving parts in our application, and Domium handled them with care. They were proactive, realistic, and easy to deal with from start to finish.
Result:
Complex application managed with clear guidance
— Ben H.
Newcastle, NSW
5.00
Domium made a process that usually feels complicated feel straightforward. We always felt informed, and nothing ever slipped through the cracks.
Result:
Purchase journey delivered with strong coordination
— Sophie M.
Hobart, TAS
5.00
From strategy through to settlement, the team was consistent, responsive, and genuinely helpful. It felt like we had people in our corner the entire time.
Result:
End-to-end journey completed with full visibility
— Daniel K.
Wollongong, NSW
5.00
We were buying our first home and felt overwhelmed at the start. Domium kept everything clear, moved quickly, and made the whole process feel far less stressful than we expected.
Result:
First home purchase completed with confidence
— Emily R.
Sydney, NSW
5.00
The communication was excellent from day one. We always knew what stage we were at, what was still outstanding, and what the next step would be.
Result:
Loan and settlement managed in one smooth journey
— James T.
Melbourne, VIC
5.00
We refinanced and finally felt like we had a structure that actually suited us. The team explained everything in plain English and made the numbers easy to understand.
Result:
Refinance completed with a clearer loan strategy
— Sarah L.
Brisbane, QLD
5.00
What stood out most was how coordinated everything felt. Instead of chasing different people, we had one team across the journey and that saved us a lot of time.
Result:
Property purchase progressed with less back and forth
— Michael P.
Adelaide, SA
5.00
We were on a tight timeline and Domium stayed on top of every detail. They were responsive, organised, and calm when things became time-sensitive.
Result:
Finance approved and settlement kept on track
— Olivia W.
Perth, WA
5.00
As investors, we wanted clarity around structure and next steps. Domium gave us practical advice, kept things moving, and made the process feel very well managed.
Result:
Investment purchase completed with stronger structure
— Nathan C.
Gold Coast, QLD
5.00
The experience felt professional without ever becoming too formal or confusing. We had confidence in the advice and felt supported the whole way through.
Result:
Home loan journey handled with clarity and support
— Chloe D.
Canberra, ACT
5.00
We had a few moving parts in our application, and Domium handled them with care. They were proactive, realistic, and easy to deal with from start to finish.
Result:
Complex application managed with clear guidance
— Ben H.
Newcastle, NSW
5.00
Domium made a process that usually feels complicated feel straightforward. We always felt informed, and nothing ever slipped through the cracks.
Result:
Purchase journey delivered with strong coordination
— Sophie M.
Hobart, TAS
5.00
From strategy through to settlement, the team was consistent, responsive, and genuinely helpful. It felt like we had people in our corner the entire time.
Result:
End-to-end journey completed with full visibility
— Daniel K.
Wollongong, NSW
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.