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The authorised financial adviser and the un-authorised disclosure

An authorised financial adviser (AFA) advises his clients to invest in real property and refers them to a building company. The building company experiences severe difficulties and is placed into liquidation causing the clients loss. We investigated whether the AFA was responsible in any way for those losses.

Frightful fee for foiled finance

Terence tried to arrange finance to save his factory. Terence signed a loan agreement but decided not to draw down the funds as it would not be enough to pay off the mortgage debt over the factory. Later, when selling the factory, Terence found that the lender he was to draw down the loan from had registered a caveat against the property to secure payment of lender and broker fees. Terence had to pay $44,000 to get the caveat removed. Can Terence’s lender and broker charge fees for a loan that was arranged but never drawn down?

Fixed term locks-in homeowner’s anger

Anna and Tony believed their mortgage broker had not followed their instruction to fix their interest rate for two years. Instead their interest rate had been fixed for four years. Anna and Tony were unhappy as their bank’s floating rate had now fallen below their fixed interest rate. Anna and Tony made a complaint but was their sufficient evidence to show the mortgage broker had not followed their instructions?

“Please share your intentions for my shares with me”.

George owned some shares which were managed on his behalf by an investment adviser. The adviser sold George’s shares in two companies at what George considered was an inopportune time. Did the adviser act outside his authority?

To what extent am I responsible for my broker’s actions?

Barry wanted to refinance in order to purchase a new business. He used a mortgage broker who went to another broking firm to seek finance. Barry signed the broking firm’s mandate setting out their terms and fees. Barry did not accept the loan finance arranged by the broking firm. Did Barry to have to pay the broking firm a fee?