Can a guarantor sue?
In a real estate breach of lease can the guarantor signing on the lease, seperate from the company that signed the lease, individually sue the breaching party for damages?
Answer:
A guarantor is a person who is legally obligated to pay the rent in case the tenant fails to do so. Therefore, a guarantor as a third party beneficiary of a lease would be a highly unlikely scenario (perhaps a room mate, who for some reason, wasn't on the lease directly...) More typically, guarantors are individuals like parents signing to assure the landlord payment on an apartment for one of the children...
Under those circumstances, for the guarantor to be able to recover from the breaching party would require very unusual circumstances...and the specific tort and/or contract law of the state in which the action takes place would likely be determinative.
If the guarantor was an intended third-party beneficiary of the contract, then yes.
But generally, a guarantor is not expecting to get anything under the contract, and neither contracting party is expecting that the guarantor will get anything, so they probably wouldn't count as an intended third-party beneficiary.
It all depends on the factual details of the situation, and exactly what the contract says.
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