Credit brokers, some of which are part of the Meilleurtaux network, charge high sums to their clients without having properly informed them, as provided for by law.
Bad times for real estate brokers: whether they belong to a sign or whether they are independent, they have seen their turnover plummet. The reason ? In the current context of galloping inflation, banks have granted fewer loans to households. And several of them have decided to stop working with these intermediaries. Some did not resist and have already gone out of business. Others have found a way to make up for the shortfall… more than debatable.
Mortgage brokerage fees are only due after the funds have been released or the notarial deed has been signed (art. L. 321-2 of the Consumer Code). A rule that has been respected for years. However, in recent months, customers have been presented with invoices between €1,000 and €3,500 even though they have not yet taken out a loan.
As justification, these brokers rely on the European Directive 2014/17. This text grants them the right to deliver, independently of the relationship with a banking establishment, an advisory service. They can be remunerated in this capacity; it is not illegal. Provided that the consumer is explicitly told that he will be obliged to pay it, even if his credit report is rejected. Contacted by What to choosethe management of Meilleurtaux affirms that “both mandates are authorized by law. The advantage for clients is that the fees for the advisory mandate are not taken into account in the calculation of the wear rate. But maybe some professionals explained it wrong to them”.
Misleading elements
Be that as it may, the borrower files sent to us reveal a method of invoicing that is not very transparent. The consumer is not always informed of the existence of this second service, and even less that he will be forced to pay for it, whether he obtains his loan or not.
Exchanges of e-mails between a broker and a client that we consulted show that only the signing of a search warrant is mentioned. Never that of an advisory mandate. In the Meilleurtaux contracts that we analyze, the search mandate is detailed on the first five pages. There are highlighted a “analysis and [une] comparison of the different offers available on the market […] »as well as a “Presentation of the proposed loan solutions and their characteristics”. It is only on the sixth page that we come across a document entitled “Study for the submission of a personalized recommendation”. The term “mandate” does not appear there. It is therefore difficult to understand that one will have to pay twice for a service that looks identical, unless the broker clearly indicates it. Not to mention that the “study” often comes down to… a simple summary of financing simulations. Without further details or any indication of the overall cost of credit (APR), the price of borrower insurance and the monthly insurance payments included. The height? The “study” sometimes cites banks that no longer collaborate with the network!
Last debatable point, the advisory mandate implies that the broker is independent. However, some have two mandates signed, although they are commissioned by a bank. In addition, Meilleurtaux exempts these consulting fees from VAT, whereas the law only allows it for credit research. If the tax authorities may not appreciate, it is still the consumer who bears the cost of such practices.
2023-08-23 01:32:29
#Home #loans #Abusive #brokerage #fees
