Unlike in the US and UK, where regulations like the Truth in Lending Act(TILA) and Consumer Credit Act have been in place since the 1970s - there is currently no regulation on brokers in Singapore or if one even needs to set up a company or be a formal representative of a brokerage. Sometimes all they get is a company name card while working another full-time job.
These acts require loan brokers to disclose any connections to lenders. This is to prevent a conflict of interest, such as presenting you with a higher quote despite a lower interest rate available elsewhere due to their relationship with certain lenders or overselling their capabilities to justify their fee.
And naturally, when you engage a broker, you want them to find the best loan out there for you. Thus the TILA was further amended in 2010, via the Dodd-Frank Act, to reduce the conflict of interest. However since the industry is unregulated in Singapore and most part of South East Asia, it is entirely based on the individual’s professionalism, though having a rule and following the rule are still 2 different matters.
So, if you are engaging a loan broker, here are 10 tips that might be helpful.
1. Under the Consumer Protection (Fair Trading) Act "Representing that the supplier has a sponsorship, approval or affiliation with respect to the supply of goods or services that the supplier does not have." is an unfair practice.
At times, brokers, in a bid to attract customers- may claim to have more relationships than they have. Some brokers' websites even as much as display logos of banks that cannot offer credit products here.
But with thousands of websites from various industries appearing on the internet, there is no easy way for authorities to police false advertising effectively. In fact, a recent study by NUS found that half of the products sold online had overstated their environmental claims.
Therefore we recommend, in your broker agreement, to have them declare any (or lack of) relationship they may have with any lenders.
Especially for those owned by a lender, it helps to ensure that they are faithfully finding the best loan for you. Just like a number of real estate brokers have gone to jail in Singapore for their conduct - It is no secret loan brokers may not just cherry-pick which customers to prioritise, they may also cherry-pick which lenders' offer to only show you. In the event you find out otherwise, you have an agreement that may be used in your favour. FindTheLoan.com connects the lender and borrower directly. If a lender decides to quote you, he or she enters it directly onto your dashboard.
2. Exclusive agreements. Most brokers use exclusive agreements, where there are clauses that prevent the use of another broker or you from superseding them by approaching some lenders by yourself.
We have heard of brokers suing a borrower when the borrower managed to find a loan by himself. While they are unlikely to use a non-exclusive agreement, negotiate to exclude the lenders that you can approach by yourself (or via FindTheLoan.com which is free to use). Brokers, other than providing an introduction, often add little to no value to the transaction which could leave them vulnerable to circumvention. As such, some may - to cover all the situations, they can get paid - have agreements that might be not just excessive in terms of scope but also in terms of length which we will touch on more in point 3.
Another issue with exclusive agreements is that you can only use one broker. We have seen brokers' websites showing e.g. 4.7 stars but no matter how we searched, Google reviews, Yelp etc we could never find where they collect the reviews. At times, they may put up testimonials from supposed clients. So we also searched for those borrowing companies but could never find them. But that doesn't necessarily mean they are false but perhaps these companies don't exist anymore or we simply couldn't find them. So if you can only trust and use one broker, read on to see what sort of terms you should be negotiating on and how to evaluate if they have the skillset to serve you.
3. Negotiate for a shorter agreement period so that in the event you find that they are not actively working for you, you do not have to wait till the agreement period is over before you can seek another broker.
You may also consider negotiating for a clause to have the fees reduced after a certain time if they are not able to come back to you with loan offers. This helps to ensure that they pick up your case only if they have the bandwidth to serve you at the moment, and do not prioritize another customer, for example, those seeking a larger loan or with an easier-to-handle case.
4. Compare their fees. If you are shopping for a cheaper loan, why not shop for a cheaper broker? Or use us which is free!
But as the saying goes, "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." we recommend going for value for money rather than the cheapest.
We also recommend that there is no need to tell them how urgent you need a loan, as seeing you are desperate might just encourage them to charge you higher. We had brokers boasting to us they found lenders but withheld it from the customers because their cases were "so complicated" and the next day, the lenders were magically willing to lend when the customer agreed to increase the fee.
5. Ask about their data policy. We have had several customers who told us they started receiving calls and messages from unlicensed moneylenders after using some brokers.
We work with a lender directly and not just any RM. Therefore, we are also able to have legal agreements in place on how they are expected to treat your data. For more, please visit our data policy page. On FindTheLoan.com, you also choose exactly which lender will receive your info.
The digital banks here are already taking note by getting consent directly from borrowers first, before receiving any further borrower info from the broker. If a broker's website claims to work with a digital bank but does not give you a form or link to give consent to the bank, to receive your information from the broker, they are likely to be engaging in false advertising.
6. Claim they can negotiate for a better interest rate. Unless you are a high net-worth individual or a very large company, "program lending" is generally used and has no room for the negotiation of rates despite what some brokers may claim.
Many lenders are also now utilizing machine scoring. This means that credit decisions are made by software, based solely on your financial data. Your best chance of getting a favourable rate is likely to come from comparing as many lenders as possible.
7. Tout they speak to multiple RMs from the same financial institutes to see who gets back faster. We are not sure why they think this is a selling point but we have seen a couple of them stating on their websites. This might actually work against you. If you are the salesperson, and you know that the broker is talking to 5 other colleagues of yours, would any of you take the enquiry seriously?
8. Claim they can get you a loan within a short time. Many loan brokers or their websites tout fast turnover despite having no control over lenders who do not work for them. However, as more brokers engage in false advertising, others feel compelled to follow suit, leading to a race to the bottom in terms of industry transparency. This situation ultimately disadvantages borrowers, who are left without a reliable method to guide their decision-making when choosing a broker. If there is no exclusive agreement and the arrangement is on a success basis, there is probably less consideration for you to simply try them out. Otherwise, it's best to take such claims with a pinch of salt
9. Test their knowledge. While there are many ex-bankers turned brokers, there are many times more those without any prior industry experience. Or only in the industry for a very short stint or worked for a lender that offers very few loan types and may not understand the other loan types well or know how to compare a loan properly and may "accidentally" introduce a more expensive loan offer.
To test their knowledge, it might be worthwhile for you to learn some things from the extensive glossary we have built for you and use it to find out if they even understand the various loan types and how they work.
10. Fraud. The majority of loan frauds involve brokers. While many lenders we spoke to believe the borrowers are usually in on it or even the ones that suggested it, we believe there are many times when it is due to the brokers instead and borrowers are clueless victims. Brokers are often paid on a success basis and a percentage of the loan quantum, and fraud directly benefit them.
If you have been turned down by multiple lenders from the same category but were suddenly presented with a loan offer after a broker's help, it wouldn't harm to ask the lender for the financial documents they received to see if they were indeed what you sent to the broker. To find out more about other broker frauds and how it can impact you instead of him, check out this article of ours here.
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