Terms and Conditions
The following information sets out the basis on which we will provide our services to you, the obligations that you owe us and the facts that we mutually rely upon when entering into this agreement.
When you apply for a loan through the Home Loan Experts, you agree that you have read and are bound by the terms and conditions that are listed below.
Our services
We act as independent mortgage brokers who assist customers with finding a lender.
We will provide you with information relating to the type and availability of credit contracts, loans and other finance products.
We will also assist in applying for finance and arranging your loan with lenders.
We do not provide any advice of the financial or legal implications of entering into these financial and credit arrangements or finance products.
Our lenders
We have entered into arrangements with various lenders. The arrangement allows us, as the intermediary, to obtain credit for you from these lenders, subject to you meeting the lenders credit and approval criteria.
We do not have arrangements with all the lenders who offer the finance products that you seek.
We can consider entering into arrangements with other lenders that are not part of our standard panel providing they deal with brokers and consent to our accreditation.
Fees payable
We are paid by the lender for arranging your loan. We will not charge you fees for most of our services, except in certain circumstances that will be disclosed to you up front.
For some loan types, such as commercial loans, short term loans or loans where we will not earn industry standard commissions or will have our commissions clawed back by the lender, we may charge you a brokerage fee.
Benefits received by us from persons other than you
We may receive an upfront commission of between 0% and 2.25% of the amount borrowed by you as well as ongoing commissions of between 0% and 0.55% of the balance owing by you, from time to time.
If applicable, we may pay a referral fee to the person or company that referred you to us.
These percentages include GST.
We confirm that:
- We do not determine or recommend the conditions of the credit contract (such as interest rates, fees or the term of the loan);
- We and nobody else will receive any financial or other benefit or have any other interest or relationship which could reasonably be expected to influence our recommendation other than as disclosed in the brokerage agreement; and
- We undertake to inform you if, after recommending a particular product prior to you entering into a contract for that product, the commission payment differ for those described in the brokerage agreement.
You acknowledge and agree that:
- You agree to engage us to arrange the loan described above on your behalf.
- The information you have provided to us is true and correct and that we will rely upon such information in arranging for the loan on your behalf.
- You understand that we are not qualified to give legal or financial advice and any information we give you is of a general nature only and is not specific for your situation. We recommend you obtain your own legal and financial advice regarding the suitability of the loan to your needs or purposes. In entering into this agreement you expressly agree and represent to us that you have relied upon your own independent inquiries and advice in relation to the financial and legal implications of entering into this agreement or a loan contract.
- You will release us, indemnify us and hold us harmless from all and any loss, damage, cost or injury suffered by you, and with respect to any claim, proceeding, or action which does or might arise out or in relation to this agreement or the services provided to you by us.
- The terms of the loan you are seeking are indicative only and may be subject to change. Please refer to the loan contract given to you by the lender for the full terms and conditions of the loan.
- You are able to make the quoted repayments over the quoted term without undue hardship.
- If your loan is a “Low Doc” loan then the income being declared is true and correct.
Privacy disclosure statement and consent
We will collect personal information about you, so that we are able to provide you with our brokering services.
The information is required so that we assist you in preparing the loan application and locating an appropriate lender.
If your personal information is not provided we may not be able to find an appropriate loan for you.
We may use your information to provide you with offers or information of other goods or services we or a third party may be able to provide you with, unless you tell us not to use your personal information for this purpose.
To find out more about how we may use your information, please read our privacy policy.
We may disclose your information to other organisations to fulfil the purposes identified (or purposes related to those purposes) in this agreement. The types of organisations we may disclose your information to include:
- Lenders;
- Mortgage insurers;
- Valuers;
- Our Aggregator;
- Credit reporting agencies (such as Baycorp Advantage);
- Other mortgage intermediaries;
- Government organisations as required by law;
- Other organisations which assist us (such as printers, mailing houses, lawyers, debt collectors and accountants);
- Your appointed advisors (such as your solicitor, conveyancer, accountant, real estate agent or any persons acting on your behalf).
Unless you inform us otherwise, we may disclose your information to any person who is acting on your behalf, with your legal authority or who is purporting to act with your legal authority.
Additionally, we may disclose your personal information to any other organisation that you may wish to, or has acquired, an interest in your loan or in our business.
We may also contact various organisations that have information about you and your associated companies, so that we can obtain the information we need to provide our services.
The types of organisations we may collect your information from include:
- Employers;
- Accountants;
- Solicitors or conveyancers;
- Credit reporting agencies (such as Baycorp Advantage);
- Or any other organisation that has information about you which we require to provide our services.
You authorise these organisations to release any information requested by us.
You appoint Dargan Financial as your agent in obtaining a copy of your consumer & commercial credit information for both yourselves as individuals and any companies, trusts, trading names, registered names or related entities of which you are either an owner, trustee or director.
This authority only applies to enquires made by Dargan Financial in connection with your application, or proposed application, for credit or you having sought advice relating to your existing credit.
You can gain access to the information we hold about you by contacting us at:
Guarantor Home Loan
Level 2, 5 Rider Boulevard, Rhodes NSW 2138
or email info@homeloanexperts.com.au
We will hold the information securely and for the time period that we are legally obligated to. We may destroy our records in accordance with established industry document retention practices or as permitted by law.
You agree that we may collect and use your personal information as specified above.