When can a surety be released from its obligations? | ScriptaLegal
Personal Business Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Real estate > When can a bailor be released from their obligations?

When can a bailor be released from their obligations?

A security deposit must be released from its obligations if, during the realization of the guaranteed assets, a creditor negligently fails to collect all the amounts due to them.

«The person who suffers a loss due to their negligence is not considered to have suffered harm»
Proverbe latin médiéval

A person who guarantees a debtor expects the creditor to act diligently so as not to worsen the risks they incur.

Thus, a guarantor, following the negligence of a first-ranking creditor to renew their guarantee in the personal property registry, is forced by the court to pay the full amount of this guarantee on the pretext that the guarantor would still have been obligated to honor the debt to the second-ranking creditor, who was fully reimbursed due to this negligence of the first-ranking creditor.

The guarantor argues before the Court of Appeal that they would not have had to pay the amounts owed under their guarantee had it not been for the negligence of the first-ranking lender to timely renew their mortgage in the personal property registry. The Court of Appeal upholds the guarantor's opinion. It concludes that, without their negligence, the first-ranking creditor would have collected all the amounts due to them when the assets were realized, thus releasing the guarantor from their obligations.

If the misfortune of some occasionally brings happiness to others, the negligence of some sometimes results in the severity of others.

*C.A. 500-09-008173-999

François Forget, notary and legal advisor, along with the entire team at ScriptaLegal, are here to assist you with the preparation of your legal documents and to answer all your legal questions.
Ignorance of the law is not an excuse
Me François Forget - March 24, 2012
Normally, municipal regulations reserve a certain number of parking spaces for disabled people. One must...
I, François Forget, invited to L'indice McSween
ScriptaLegal's staff - February 5, 2018
Pierre-Yves McSween meets with Me François Forget, a notary, to discuss the will and small stories that go wrong.
The conditions stipulated in favor of the buyer in the real estate purchase agreement
Me François Forget - November 8, 2017
It is common for a real estate purchase offer to be subject to certain conditions in favor of the buyer, which...
This browser does not support this kind of file. Please download the file to view it: Download the file
An error has occurred.