Who are you relying on for advice?

I was recently hired to offer my expert opinion on a litigation case where a handful of investors agreed to participate in a syndicated private second mortgage on a commercial building. There were many red flags with this transaction but the thing that stuck out the most to me was the lack of experience amongst the multiple mortgage brokers and agents that were involved in the transaction. Most of them had only been in the business for a few years. There was some phuckery involved in the transa...
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Suitability: A Legal Perspective

Mortgage brokers play a crucial role in Ontario’s private lending market, acting as intermediaries between borrowers and private mortgage investors. While their primary function is to facilitate lending transactions, they also bear a significant responsibility to ensure that any mortgage investment they recommend is suitable for the investor’s risk tolerance, experience level, and financial objectives. Failure to do so can lead to legal liability, financial losses, and professional misconduct a...
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