Glossary entry (derived from question below)
Portuguese term or phrase:
garantia dos fiadores
English translation:
As provided in the Surety Agreement
Added to glossary by
Dasher
Jul 1, 2015 17:44
8 yrs ago
22 viewers *
Portuguese term
United States
M.S. Leg/Fin Translator - 12 yrs - MemoQ
Native in: English (Variants: British, UK, US) 
Works in: Spanish to English, Portuguese to English, French to English, and 2 more.
garantia dos fiadores
Portuguese to English
Law/Patents
Real Estate
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..."
"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..."
Proposed translations
(English)
| 4 | As provided in the Surety Agreement |
Dasher
|
| 5 +1 | guarantor's surety bond |
Mario Freitas
|
| 5 | guarantors' warranty |
Lázaro Borges
|
| 5 | Guarantors' Guarantee |
Nick Taylor
|
| 4 +1 | Cosigners' Guarantee |
airmailrpl
|
Change log
Jul 6, 2015 19:54: Dasher Created KOG entry
Proposed translations
18 hrs
Selected
As provided in the Surety Agreement
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.
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Note added at 5 days (2015-07-07 15:38:23 GMT) Post-grading
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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.
“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.
4 KudoZ points awarded for this answer.
Comment: "Very helpful explanation! Thanks for the other associated terms ;)"
3 mins
Lázaro Borges
Brazil
Brazil
Native in Portuguese
Works in field
Brazil
Media & Marketing - Transcreation
Native in: Portuguese (Variant: Brazilian)
Works in: English to Portuguese, Portuguese to English, Spanish to Portuguese
3 mins
Nick Taylor
Native in English
Portuguese to English, English to Portug
Native in: English 
Works in: Portuguese to English, English to Portuguese
Related KudoZ points
:
20
Guarantors' Guarantee
Guarantor's Guarantee
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Note added at 4 mins (2015-07-01 17:49:22 GMT)
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http://adverteria.com/indiana_suites/forms/Indiana_Suites_Pa...
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Note added at 4 mins (2015-07-01 17:49:22 GMT)
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http://adverteria.com/indiana_suites/forms/Indiana_Suites_Pa...
+1
51 mins
Mario Freitas
Brazil
Brazil
Native in Portuguese
&
English
Brazil
32 years engineering/law/contracts
Native in: English (Variant: US) , Portuguese (Variant: Brazilian)
Works in: English to Portuguese, Portuguese to English
Related KudoZ points
:
80
guarantor's surety bond
The guarantee document may also be called a "surety bond", which in this case will sound better, not repeating synonyms.
+1
1 hr
airmailrpl
Brazil
Brazil
Native in Portuguese
&
English
Brazil
Technical - Fast - good price - accurate
Native in: English (Variant: US) , Portuguese (Variant: Brazilian)
Works in: English to Portuguese, Portuguese to English, English, and 1 more.
Related KudoZ points
:
16
Cosigners' Guarantee
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.
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.
Peer comment(s):
| 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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Discussion
In Brazil, lease agreements do not have a surety agreement attached to it. There is merely a clause in the lease contract stating the name and CPF of the guarantors, who will sign the lease agreement as guarantors, not parties of the contract.
I've signed dozens of these, and I'm 100% sure of what I'm saying. No surety agreement, whatsoever.
In the USA ??
Cosignor Agreement - Rent Solutions
www.rentsolutions.com/forms/cosign_agreement.pdf
Cosigner agrees to be jointly and severally liable with Tenant for Tenant's obligations arising out of the. Residential Lease Agreement attached hereto, including ...
I've signed dozens of lease agreements. There is one single clause that mentions the guarantors, and these sign the lease agreement (not a surety agreement whatsoever) as guarantors, not as parties of the contract.
then the term is:
Cosigners