During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor shall continue to bear the guarantee responsibility within the original guarantee scope. If there are other provisions in the guarantee contract, such provisions shall prevail. During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer be liable for the debt transferred without his consent.
Does being a guarantor of a house loan have an impact on buying a house in the future?
1. Being a guarantor for others to buy a house may have an impact on future house purchase and personal credit reporting. When the borrower fails to repay the loan, the guarantor shall bear the repayment responsibility. When the guarantor borrows again, the bank will also check the credit record of the guarantor, and the guarantor's serious bad record will be affected.
2. The bank's requirement for the guarantor is generally that it must be a local account, with a good economic foundation and stable income. As a guarantor, the borrower has to bear the repayment responsibility without repayment, so once he agrees to guarantee the lender, he agrees to bear the repayment risk for him. Under normal circumstances, if you make a loan as a guarantor, the bank will also check the credit history of the guarantor. The guarantor's serious bad record will affect his credit information.
3. China's guarantee law divides guarantee into general guarantee and joint liability guarantee. Only when the main contract dispute is tried or arbitrated, and the debtor's property is still unable to perform the debt according to law, the guarantor of the former is required to assume the guarantee responsibility. If the guarantor of the latter fails to perform the debt after the expiration of the debt performance period agreed in the main contract, as long as the creditor asks the guarantor to pay the debt, he must bear the guarantee responsibility within the scope of guarantee.
4. At present, most banks will require joint liability guarantee, but they can make relevant agreements on the duration and scope of the guarantee. In order to reduce the guarantee risk, the parties may agree that the guarantee method is general guarantee, and clearly stipulate the guarantee period and scope, so as to reduce the impact on the guarantor's future mortgage or other aspects.
5. The impact is relative. If you are a guarantor, you must have certain assets to be a guarantor. But if you have nothing, the guarantee is not established. It doesn't matter to you that everything is repaid in time after he becomes a guarantor, but you are jointly and severally liable for his overdue repayment.