ETA·BRAIN

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What a good way to negotiate a personal gaurantee

Answer · Sep 8

Buyers have used several tactics to soften the personal guarantee rather than eliminate it entirely:

  • Limit the guarantee's dollar cap and let it shrink over time. Megan McGee negotiated a seller note guarantee capped at $100,000 that reduces as she pays down the note, rather than an open-ended guarantee 11:01:53.
  • Negotiate a partial percentage guarantee instead of 100%. Alicia Powers got the seller note down to a 50% personal guarantee instead of 100%, which made the family's downside risk more manageable 356:11.
  • Trade equity/ownership for the guarantee. Himmat Singh agreed on the spot to give a personal guarantee to the seller, then went back and renegotiated his ownership stake up from 30% to 55% specifically because he was the one carrying the guarantee 259:19.
  • Wall off specific assets from collateral. Christian Bateson made it a sticking point that his wife's separate assets would not be part of the collateral backing the guarantee, even though the lender initially resisted 450:52.
  • Attach real estate as collateral. Pledging real estate as part of the deal can reduce personal risk under a guarantee, since it gives the lender actual collateral to fall back on instead of solely personal assets 525:21 548:20.
  • Push back with non-bank/alternative lenders where possible. Nick Keegan's group simply refused personal guarantees across the board, noting that in Ireland, only regulated core banks can legally request one — non-banks and alternative credit funds can't — so they consistently said no to any bank that asked 648:17.
  • Plan to refinance out of it later. Some buyers negotiate the guarantee upfront but treat it as temporary, planning to refinance the SBA loan into a conventional loan without a PG once the business performs well, weighing that against potentially less favorable rates 527:26.
  • Use personal guarantee insurance (PGI) as a backstop. Rather than negotiating the guarantee away, some buyers now insure against it — PGI can cover roughly 50% of the risk if the guarantee is called, sending a payout directly to the lender to cut the loan balance 510:54 505:05.

Across these cases, the common thread is treating the guarantee as negotiable in scope, size, and duration — not just an all-or-nothing term — and being firm about which specific terms matter most to you, as Megan McGee put it, staying "pretty firm on the terms" 11:01:53.

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