A guaranty can be defined as an undertaking or a promise from a guarantor to a guarantee. A guaranty can be thought as a collateral to a primary or principal obligation from the guarantor to perform. In a finance or lending context, a guarantor would be forced to answer for the debt or default of the debtor to the creditor, if a debtor does not fulfill an obligation on their part to repay their debt. In short, it means an assurance of the future payment of another person's debt. Thus, a guaranty clause would involve three parties. It is an enforceable form of promise for the guarantor as there is a consideration for the guarantor. A guaranty is not actionable and cannot be of the basis of a claim by the guarantee against the guarantor until there is a breach of contract or failure of performance by the debtor. A guaranty clause can take many forms; a primary example is a loan agreement that is co-signed, which can signify a guaranty from the co-signer to a specific amount, even if the loan agreement does not use a specific "guarantor" title.
[Last updated in March of 2022 by the Wex Definitions Team]