Broker Made Us Sign Agreement That She Gets $3k if We Change Bank within 3 Years

Hey all,

After filling out paperwork etc as part of the full process with our broker 18 months back I stupidly said we might be selling in a few years and this triggered her demanding we sign an agreement that she gets a $3k payment if we cancel our mortgage within 3 years.

We now find ourselves on a crap rate of 6.19% ($230k investment loan P&I) and looks like if we move we could achieve sub 5%.

My feelings are it was unethical to bring that $3k agreement in midway into dealing with her and she can try and sue me for the $3k if we move banks.

Interested to hear others views on if this is normal practice etc and enforceable.

Cheers

Comments

  • -2

    The broker put time and effort into the service they provided to arrange the loan. They should be fairly paid for this work, in the same way any other serivce provider would expect to be paid for their time and expertise, and I assume they disclosed the cost at the time. If they didn't that's another issue entirely but it sounds from OP's comment like they did. This payment is usually in the form of commission, but that can be clawed back if the customer then exits the loan within a certain timeframe. It seems the clause signed was to protect the broker from this situation.

    So essentially the broker may end up getting paid nothing or a reduced amount if the customer exits the loan early. They still did the same work and provided the customer with the same service, but suddenly now its ok for them not to be paid (or lose the amount they were paid) because the lender has apparently moved the goalposts in the form of offering an unattractive interest rate compared to others. This isn't the broker's fault assuming it was not foreseeable.

    I question the ethics of trying to avoid an agreement such as this that was signed in good faith, but if you are happy to disregard this and go down the route of AFCA for example the broker may well cave because being at AFCA will cost them more in case fees even if the decision is in their favour. The fair outcome in my view would be for the broker to be paid as agreed.

    The current competition in the lending space sees many cashback offers being made by lenders to entice people to refinance. Obviously rising interest rates also increases focus on this by customers. Put yourself in a broker's shoes for a minute where they may lose income they generated a couple of years prior thorugh no fault of their own due to increased refinancing activity encouraged by lender incentives such as cashbacks. The moral high ground doesn't rest with the customer in this case in my view.

  • Did she at least use lube?

  • +1

    Coming to this late, but can also confirm that this agreement is illegal and unenforceable. You could take the broker to AFCA (www.afca.org.au - i.e. the Ombudsman) if she tried to do anything.

  • Mortgage brokers and real estate agents give used car salesmen a good name. Mortgage brokers are not needed and are complete leeches.

    • While I agree they are not really needed if you know how to use google, they should be paid for any work they are engaged to do.

    • Hmm well that's not the experience i had. I got good service and a fantastic mortgage package 3 years ago..better than dealing with a bank directly.

  • If you're already locked in to that $3k penalty and the difference in interest payments over the remainder of those three years is greater than that $3k penalty, then you're still better off just paying it and switching. Otherwise, wait it out and switch as soon as the three years is up.

  • Do the sums on the interest saving, look for a cashback offer, and weigh up whether you're net better off even with the 3k payment as a worst case scenerio.

    Chances are she'll never even bother enforcing it, and by what some are saying above it may even be illegal for her to do so.

  • +3

    i once had a broker who also indicated I needed to pay a large fee for early termination. The termination payment was never discussed at the time of signing. When he sent me the email requesting payment of the termination fee, I asked for the evidence that terminating the loan would cause the broker being out of pocket for the value he was requesting for the termination. He sent me some calculation if I recall and I asked him to send me the actual documents which underpinned his calculations. This was 7 years ago and I never heard from him again and did not pay a dollar

  • So sad to see how toxic the OB community are becoming. Perhaps some of you would be better acquainted with trolling on Twitter or Reddit than offering constructive advice here.

    • Yeah i agree totally. Just have to ignore all the dudes with micro willies trying to make themselves feel better

  • +1

    I was victim of this unethical practice too. Broker sent me e- document to sign. He asked me to save my signature and click on apply all as it’ll copy paste to all signatures required spaces.

    There was one space in that document agreeing to this $2k for first 2 years. I signed that automatically too as part of the process.

    But after loan approval, he told me that I’ll have to pay $2000 if I’ll move to another bank within 2 years.

    It was a total surprise. Be super careful with signing e-documents.

  • Shouldn't your broker be pushing to get you on a better rate?

    Isn't that the entire supposed benefit of signing with one?

  • Id like to be wined and dined before

  • Why would anyone use a broker

  • Pay the loan off all but $10.00.

  • Sub 5%, unlikely. Not at today's market. I'm owner occupied and I just managed to bring it down to 5%. Good luck you're getting it Sub 5% maybe in a few years but definitely not in the next few months with investment property.

  • -1

    Hand over your badge OP. Here we have brokers offering cashbacks to win business on Ozbargain and you got sucked into this situation. By the way, lookup mortgage broker on Ozbargain search and the Ozbargain’s regular brokers should be able to get you out of the situation.

  • +2

    If the loan was after 1/1/21, I believe it's illegal for a broker to pass this onto a consumer?

    National Consumer Credit Protection Regulations 2010 - 28VG(2)(c)

    • Seems pretty cut and dry to me..

Login or Join to leave a comment