Private Mortgage Disclaimer Statement


Our role

In many transactions we are acting as mortgage facilitator. Our role is to negotiate the terms of the mortgage with the borrower and to introduce the pre-negotiated loan to the investor.

You have to decide whether it is a good loan – not us

We do not make any warranty as to the wisdom of this loan. This is not a managed investment scheme. You carry the responsibility for the decision to lend. We serve as introducers and facilitators but the role of underwriting (studying the deal and deciding whether to lend or not) is your responsibility.

Any valuation we supply you with may be worthless

We do not warrant that any valuation forwarded by us or organised by us can be sued upon or that it is any good. If a valuation is not assigned to you it definitely cannot be sued on. You should not rely on verbal assurances by us or your lawyer or the valuer that a valuation will be assigned to you. If you want it assigned you should not hand over your money until you are holding an original assigned valuation in your name. Even if it is assigned the valuer may not have insurance or his insurance may not cover the loan. To properly assess a valuation it needs to be carefully read and then you need to visit the property and compare it to the comparables supplied and talk with the local real estate agents. That is what due diligence on a valuation is all about. We don’t do it and we disclaim all liability for any reliance you place on any valuation.

Supporting documents

If we have supplied searches we warrant their authenticity. We only pass on searches we ourselves have done. If we have supplied Assets & Liability statements signed by the borrowers we do not warrant they are correct and you should assume the borrower has misrepresented his situation (as borrowers often do). We may supply documents which validate the claims made in the A&L however it is up to you to determine if these are sufficient, genuine, or else ask us to do more digging.

If we say something significant on the phone get us to put it in writing.

If you have relied on a significant verbal representation by us which has not been made by us in writing (for example in a telephone call) then please ask us for it in writing. If you ever try to sue us for making a misleading statement we will use this disclaimer as our defence.

Talk to your solicitors go through the loan details with them – we are not your solicitors

We are not instructing solicitors on your behalf although we may prepare draft instructions for you. This means you must understand any instructions before you sign them and fax them to your solicitors. We will not be held responsible if they do not reflect your intentions. We encourage you to discuss them with your solicitor if you do not fully understand them.