Independent Legal Advice (ILA)

Are you looking for Independent Legal Advice near you? Our team of expert solicitors are here to help.

Do you need expert legal advice before entering into an agreement such as a mortgage, loan or settlement?

Our friendly team can provide fast, clear advice you can trust on a range of matters. You can then proceed with confidence that you know exactly what you are signing up to.

Our specialist solicitors can assist with matters including:

Director Mortgage Guarantees
Joint Borrower Sole Proprietor Mortgages
Limited Company Director Guarantees
Transfer of Equity Agreements (person being removed from the title)
Equity Release Mortgages
Occupier’s Consent to Mortgage
Personal Guarantees
Inter-Family Loan Agreements
Employment Settlement Agreements (formerly called Compromise Agreements)
Property Settlement Agreements

Fees start from £250.00 + VAT for a one-off fixed fee appointment, for matters relating to personal transactions. Matters relating to commercial borrowing, Limited Companies and Director's Guarantees, will typically start from £300.00 + VAT, per person. Appointments may be available, either face to face or via Teams/Zoom (subject to ID checks being completed, subject to Lender agreement).

We provide independent legal advice from our offices in Pontypridd, Talbot Green and Swansea, giving our clients a truly convenient service.

Speak to our independent legal advice solicitors in Pontypridd, Talbot Green and Swansea

To discuss your requirements with our friendly legal experts in South Wales, please get in touch.

Use our simple online enquiry form to book a free initial chat with a member of our team. We respond promptly to all enquiries.

Why use David W Harris & Co. for independent legal advice?

Reasons to choose David W Harris & Co Solicitors for independent legal advice include:

One of the longest established firms in the South Wales area
More than 20 legally qualified experts providing quality advice across a broad range of legal matters
3 offices in Pontypridd, Swansea and Talbot Green
Experts who are friendly and approachable
Good quality, straightforward legal advice

What is independent legal advice?

Independent legal advice means consulting a legal expert about an agreement or other matter where that expert is not connected to any of the other parties involved. For example, for a mortgage agreement, it means getting advice from a lawyer who is not connected to your lender.

This advice will usually involve making sure you fully understand what the terms of the agreement mean and your legal rights. The adviser should also tell you whether they think the agreement is in your best interests and, if not, where amendments may be required.

Why do I need independent legal advice?

There are various reasons why you might need independent legal advice, including:

It is often a legal requirement, e.g. an agreement may not be considered legally valid in some circumstances unless you have had independent legal advice before signing
It helps to ensure that you fully understand the terms of the agreement before signing
It helps to make sure the agreement matches your best interests

What is a Certificate of Independent Legal Advice?

A Certificate of Independent Legal Advice is issued by a solicitor stating that they have provided advice on an agreement. They are commonly used in conveyancing transactions to confirm that the person seeking a mortgage has received independent legal advice.

There is a standard Certificate of Independent Legal Advice form that your solicitor will need to complete to show that this advice has been received. This will be in addition to any prescribed form provided by the lender.

Our independent legal advice expertise

Director’s Mortgage Guarantees

A director’s personal guarantee for a mortgage may be required when a company takes out a mortgage for a property. The guarantee means that the director can be held personally responsible for repaying the mortgage if the company is unable to do so. Independent legal advice for personal guarantees should always be sought at an early stage.

Joint Borrower Sole Proprietor Mortgages

Also called a joint-borrower-sole-proprietor mortgage or JBSP, this allows multiple people to apply for a mortgage together, with only one of them being the registered owner of the property. This can make it easier for people to get a mortgage who might otherwise struggle to do so. JBSP agreements are commonly entered into by young people and their parents when the young person is buying their first home.

Independent legal advice on a mortgage is strongly recommended, especially in more complicated situations such as a joint-borrower-sole-proprietor mortgage.

Limited Company Director Guarantees

Often called a director’s guarantee, this is where the director of a company personally guarantees any debts owed by the company, whether these are owed to another company or an individual. Independent legal advice for guarantors helps to ensure that a director fully understands the risk they are taking on and the potential consequences if things go wrong.

Transfers of Equity

Also called an equity transfer agreement, this involves one person transferring their ownership rights to a property or business to another person. They are commonly used to remove someone from the title to a property, e.g. when a couple separates and one of them moves out of a home they owned together.

Equity Release Agreements

Equity release involves selling your home or a stake in your home to an equity release provider in exchange for a lump sum or regular income. You will need to sign an agreement covering the terms, including your right to stay in your home and what happens when you sell the property, go into a nursing home or pass away.

Occupier’s Consent to Mortgage

If someone over the age of 18 will be living in a property for which the owner is seeking a mortgage, it is likely they will need to sign a ‘consent to mortgage’ or ‘occupier’s waiver’ form. This is designed to ensure that everyone living at the property is aware of the mortgage lender’s rights to the property, including the lender’s right to repossess the property if mortgage payments are not made.

Personal Guarantees

Personal guarantees are used in a range of circumstances. They essentially say that you will take personal responsibility for a debt on behalf of a business, organisation or another person. It is very important to be clear about what you agree to before signing a personal guarantee of any kind, so personal guarantee independent legal advice is essential.

Inter-Family Loan Agreements

Lending money to family members is common, but it is also risky. If the amount is substantial, it is sensible to have a written agreement covering how much has been leant, the purpose for the loan and the terms on which it should be repaid.

Employment Settlement Agreements (formerly called Compromise Agreements)

Employment settlement agreements can be used to resolve employment claims brought by employees or to head off a potential employment claim. They are commonly used in terminations and redundancies where the employee will receive a lump sum in exchange for agreeing not to take a specific matter to an employment tribunal.

An employee must receive independent legal advice on a settlement agreement before signing in order for the agreement to be legally binding.

Property Settlement Agreements

Property settlement agreements are used during divorce and separation to decide how any property will be divided between the former partners.

Our independent legal advice fees

We are committed to complete transparency with our legal advice fees.

Fees for our independent legal advice solicitors start from £350.00 + VAT at 20%, for a one-off fixed fee appointment either face to face or via Teams/Zoom (subject to ID checks being completed).

Ongoing advice can be provided on a fixed fee or an agreed hourly rate basis as appropriate. All costs will be agreed upon in advance with no hidden fees.

We can offer discounts for multiple instructions where suitable.

Speak to our independent legal advisers in Swansea, Pontypridd and Talbot Green