What makes a document a deed?

JJJ000

Can any one, briefly(!), explain the difference between a Guarantor Agreement and a Deed of Guarantee?

Does the fact that the guarantor's signature is witnessed by someone known to them automatically make the document a deed, even if there is no mention of the word "deed" on the document?

thesaint

It needs to state that it is a deed, and signed as such.

Instead of "Signed............Joe Bloggs"
It should be along these lines "Signed as a deed.......Joe Bloggs"

jamie11

Also witnessed in the presence of both signees, by an independent third party.

fimonkey

Interesting question.... Whats special about deeds, why use them instead of contracts?

Yorkie1

In the context of a guarantor agreement (for rental anyway, not sure about other contexts), if it is not signed / witnessed as a Deed then it is not enforceable.

simplymegreg

Deeds are often used instead of contracts in situations where no consideration (value) is being exchanged for the promise.

ellay25

12 year limitation period for causes of action as opposed to a 6 year limitation period for a regular agreement.

Lots of case law disputing whether a deeds actually a deed and not a contract so do please get legal advice when signing the document.

As a poster above said, there are signing and witnessing requirements and document must say on face of it that it is a deed and signed as a deed.

G_M

A guarantee agreement cannot be a contract as there is no 'consideration'. ie the guarantor is receiving nothing, no cash, no accomodation, no benefit, no nothing in return for his undertaking to pay the tenant's debts.

So it can't be a contract and must be a Deed.