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garantia dos fiadores

English translation: As provided in the Surety Agreement

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:garantia dos fiadores
English translation:As provided in the Surety Agreement
Entered by: Dasher

17:44 Jul 1, 2015
Portuguese to English translations [PRO]
Law/Patents - Real Estate
Portuguese term or phrase: garantia dos fiadores
In a lease agreement, under Objeto da locação section:

"Através deste contrato o locador cede em locação ao locatário, com a garantia dos fiadores o imóvel situado na..."

Garantía is one of those words in which I have trouble choosing the appropriate term among the many different options in English (Warranty, guarantee, collatoral, etc.). I will mention this is on the second page, before which on page 1 a list of "fiadores" (each of which with its identification details) are mentioned. Here goes my try:

"Under this agreement with guarantee of sureties, Lessor leases to Lessee the property located at..."
Seth Phillips
United States
Local time: 07:40
As provided in the Surety Agreement
Explanation:
As a direct translation may sound inappropriate, the following construction takes into account that the signed Surety Agreement represents Surety’s guarantee to the rental:

“Lessor hereby leases to Lessee the property located at…”, as provided in this Lease and the Surety Agreement”.

These steps usually taken by an American and a Brazilian lessee for rental of real property should illustrate this point:

1) An Applicant Lessee (pretendente locatário) meets with the Landlord / Lessor (senhorio / locador), or a property management company / real estate rental agents (Imobiliária), or a real estate lawyer (advogado imobiliário, in Brazil, only).

2) Lessee signs a Rental/Rent Lease Agreement (Contrato de Locação) and posts a surety bond (fiança de locação) should Lessor accept the latter.

3) Otherwise, Lessee co-signs a Rental Agreement with a Surety / Guarantor (Fiador).

4) Surety / Guarantor (Fiador), subsidiarily also signs a Lease Surety Agreement (Contrato de Fiança Locatícia) and concurrently pledges real property as collateral to the lease.

5) In lieu of posting a surety agreement or surety bond, Lessee can make a guarantee/surety deposit (depósito de caução) in cash if Lessor so elects. Such a deposit is usually equal to three months’ rent and two months’ rent in Brazil and the US (in the states that make provisions for this), respectively.


--------------------------------------------------
Note added at 5 days (2015-07-07 15:38:23 GMT) Post-grading
--------------------------------------------------

Seth,

I’m glad that my answer was of help to you, and I appreciate your comments in that respect.

Just going a little further into this matter, the non-existence of a separate surety agreement does not exclude its legal materiality from a rental transaction, as the sureties’ signatures are affixed on the residential/commercial lease agreement.

Such a single agreement (residential - or commercial - lease agreement and surety agreement = “contrato de locação (residencial or commercial) com fiador” (as it is usually designated in Brazil) has a dual function: it’s a “rent lease agreement” and a “surety agreement” at the same time, binding upon the parties (lessor, lessee, and sureties), and enforceable at law according to its provisions.

As this combined instrument is not usual in the US, possibly the original construction “as provided in the surety agreement” may be the most suitable one to an audience in that country.
Selected response from:

Dasher
Brazil
Local time: 08:40
Grading comment
Very helpful explanation! Thanks for the other associated terms ;)
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1guarantor's surety bond
Mario Freitas
5guarantors' warranty
Lázaro Borges
5Guarantors' Guarantee
Nick Taylor
4 +1Cosigners' Guarantee
airmailrpl
4As provided in the Surety Agreement
Dasher


Discussion entries: 11





  

Answers


3 mins   confidence: Answerer confidence 5/5
guarantors' warranty


Explanation:
Sugestão

Example sentence(s):
  • \

    https://www.weroom.com/en/landlords
Lázaro Borges
Brazil
Local time: 08:40
Works in field
Native speaker of: Portuguese
Login to enter a peer comment (or grade)

3 mins   confidence: Answerer confidence 5/5
Guarantors' Guarantee


Explanation:
Guarantor's Guarantee

--------------------------------------------------
Note added at 4 mins (2015-07-01 17:49:22 GMT)
--------------------------------------------------

http://adverteria.com/indiana_suites/forms/Indiana_Suites_Pa...

Nick Taylor
Local time: 12:40
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20
Login to enter a peer comment (or grade)

51 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
guarantor's surety bond


Explanation:
The guarantee document may also be called a "surety bond", which in this case will sound better, not repeating synonyms.

Mario Freitas
Brazil
Local time: 08:40
Native speaker of: Native in EnglishEnglish
PRO pts in category: 80

Peer comments on this answer (and responses from the answerer)
agree  Jonathan Freyburg
2 hrs
  -> Obrigado, Johnathan!
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Cosigners' Guarantee


Explanation:
garantia dos fiadores => Cosigners' Guarantee

Cosigners Watch | A specialty site for helping cosigners.
www.cosignerswatch.com/
As noted above, loan cosigners guarantee the debt of the borrower. If the borrower misses a payment, the lender may approach the cosigner for the money.

Cosigner Agreement - Sierra Property Management
www.sierraproperty.us/pdfs/cosigner_agreement.pdf
CHICO SIERRA REAL ESTATE MGMT. INC. 2012. COSIGNER / GUARANTEE FORM. PHONE (530)899-2296 FAX # (530) 345-2249, 546 Hickory St, Chico CA.

airmailrpl
Brazil
Local time: 08:40
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 16

Peer comments on this answer (and responses from the answerer)
agree  T o b i a s
2 days 2 hrs
  -> agradeço - if the text is for the USA it will be Cosigners
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18 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
As provided in the Surety Agreement


Explanation:
As a direct translation may sound inappropriate, the following construction takes into account that the signed Surety Agreement represents Surety’s guarantee to the rental:

“Lessor hereby leases to Lessee the property located at…”, as provided in this Lease and the Surety Agreement”.

These steps usually taken by an American and a Brazilian lessee for rental of real property should illustrate this point:

1) An Applicant Lessee (pretendente locatário) meets with the Landlord / Lessor (senhorio / locador), or a property management company / real estate rental agents (Imobiliária), or a real estate lawyer (advogado imobiliário, in Brazil, only).

2) Lessee signs a Rental/Rent Lease Agreement (Contrato de Locação) and posts a surety bond (fiança de locação) should Lessor accept the latter.

3) Otherwise, Lessee co-signs a Rental Agreement with a Surety / Guarantor (Fiador).

4) Surety / Guarantor (Fiador), subsidiarily also signs a Lease Surety Agreement (Contrato de Fiança Locatícia) and concurrently pledges real property as collateral to the lease.

5) In lieu of posting a surety agreement or surety bond, Lessee can make a guarantee/surety deposit (depósito de caução) in cash if Lessor so elects. Such a deposit is usually equal to three months’ rent and two months’ rent in Brazil and the US (in the states that make provisions for this), respectively.


--------------------------------------------------
Note added at 5 days (2015-07-07 15:38:23 GMT) Post-grading
--------------------------------------------------

Seth,

I’m glad that my answer was of help to you, and I appreciate your comments in that respect.

Just going a little further into this matter, the non-existence of a separate surety agreement does not exclude its legal materiality from a rental transaction, as the sureties’ signatures are affixed on the residential/commercial lease agreement.

Such a single agreement (residential - or commercial - lease agreement and surety agreement = “contrato de locação (residencial or commercial) com fiador” (as it is usually designated in Brazil) has a dual function: it’s a “rent lease agreement” and a “surety agreement” at the same time, binding upon the parties (lessor, lessee, and sureties), and enforceable at law according to its provisions.

As this combined instrument is not usual in the US, possibly the original construction “as provided in the surety agreement” may be the most suitable one to an audience in that country.


Dasher
Brazil
Local time: 08:40
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 4
Grading comment
Very helpful explanation! Thanks for the other associated terms ;)
Login to enter a peer comment (or grade)



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