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Topic 3-2: Developing and presenting solutions
Contents
Overview ........................................................................................................ 3-2.3
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Topic 3-2: Developing and presenting solutions
Overview
Buying a house can be a stressful undertaking for the home buyer. This topic is about
the assistance a broker can provide in making recommendations about a home loan to
the customer, presenting those recommendations and assisting a customer with making
a decision.
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Note: You can access ‘Suggested answers’ for this activity at the end of this topic.
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4 Risk profile
In ‘Topic 3-1: Understanding the client’s needs’, you looked at customer attitudes to risk,
and how to determine risk and risk classifications. Some of the risk factors discussed
included:
• access restrictions on product
• borrowing risk and gearing
• market and sector risks:
– economic cycle
– monetary policy
• how risk factors affect expectations of a return
• specific product risks
• property risks, such as taking on too much debt.
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5. What are some examples of market risks and what is their impact on
home loans?
Note: You can access ‘Suggested answers’ for this activity at the end of this topic.
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Note: This activity requires independent research, therefore no suggested answers are provided.
2. Using these criteria, determine which are currently the best deals on
variable home loans. Make notes about the types of customers for
whom you might recommend these products.
3. As a mortgage broker, how can you use home loan comparison websites
to help your customers with their decisions?
Note: You can access a ‘Suggested answer’ for Question 1 at the end of this topic.
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6.3 Term
Generally, borrowers are in the best position to decide what they can afford by way of
loan repayments. Where they have requested a shorter term that would be against your
guidelines for commitment levels, it may be possible to approve the loan over a longer
term but with the capacity to make increased repayments. This gives the borrower the
flexibility to reduce the repayment amount without renegotiating the mortgage should
the higher levels become a strain.
6.4 Repayments
Structuring of repayments may include a period of accelerated repayments at the
beginning, particularly for two-income families. This provides scope to reduce
repayments should one borrower stop earning.
Does the loan type selected allow for additional or bulk repayments? Many fixed rate
loans do not allow borrowers to make extra repayments until the expiry of the fixed rate
period. This may not be suitable for people with ‘lumpy’ incomes or where the sale of
some other asset is expected during the fixed rate period.
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3. True or false?
All employees of credit providers may be held personally liable if they
are in some way connected with or responsible for a breach of the NCC.
5. List at least two (2) types of correspondence with borrowers that are
required under the NCC.
Note: You can access ‘Suggested answers’ for this activity at the end of this topic.
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Product name
Number of free
redraws per year
Maximum
number of
redraws per year
Minimum
redraw amount
Maximum
redraw amount
Other
Note: This activity requires independent research, therefore no suggested answer is provided.
Note: This activity requires independent research, therefore no suggested answers are provided.
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9 Loan structuring
As the mortgage broker, after reviewing all aspects of the customer’s situation you
are in a position to determine the optimum structure of the loan. In many cases,
particularly with standard consumer loans, the structure is determined at the initial
application stage.
The structuring of commercial loans, on the other hand, can be lengthy and involve
considerable negotiation.
Some basic aspects that need to be considered, and which are particularly relevant to
consumer lending when structuring the loan, include:
• term — see ‘Term’ in section 6.3
• repayments — see ‘Repayments’ in section 6.4
• interest rate type, such as variable, fixed or split rate — see ‘Fixed versus variable
interest rates’ in section 6.5.
For more information on these, please refer to Part 3, section 6.
10 Determining recommendations
Apply your knowledge 8: Case studies — recommending a
product
The case studies presented in ‘Topic 3-1: Understanding the client’s needs’
are shown below. In that topic you looked more deeply at these customer’s
needs and their attitudes to risk.
In this activity, building on your initial work, propose the home loan or 3-2
investment strategy you would recommend for the customers in each
case, including:
• the loan product and type
• the credit provider
• the loan facilities or features most appropriate
• a justification for each of your recommendations.
Where the details of the case study are insufficient, feel free to add detail
as required.
2. Tim, 50, and Sarah, 34, have a mortgage on their Brisbane home.
They have twin daughters, Megan and Gabrielle, who are two years old.
Tim is a plumber with his own business and Sarah is staying home to
look after their young children but wishes to return to her career as a
hairdresser in a year’s time. Nearly three years ago they fixed their
mortgage for three years at 6.39%, when variable rates were around
7.1%. Since then, interest rates have fallen to around 5.5%. They are
considering their options as the end of the fixed rate period of their
mortgage approaches.
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3. Ray, 37, and John, 34, are a couple currently renting a property in
Paddington, Sydney. Ray is a project manager working in information
technology implementation and John is a medical specialist working at a
large public hospital. They are both career oriented, ambitious and earn
large salaries. Between them they can liquidate other investments to
come up with a substantial deposit. They are keen to purchase a
Paddington terrace house close to the city and to be near favoured
restaurants and entertainment venues.
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5. Angelica and Carmine are homeowners. They have a mortgage, car loan,
personal loans, credit cards and a store account. Their monthly living
expenses are approximately $1900 and with interest rates on the rise,
they are experiencing more of a squeeze.
Note: This activity requires independent research, therefore no suggested answers are provided.
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Note: This activity requires independent research, therefore no suggested answers are provided.
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Alternatives to PowerPoint
While the use of PowerPoint for presentations is widely accepted in business, it may not
be an appropriate way to present a home loan solution to many home buyers.
The format may not be useful for some customers who perhaps would prefer to discuss
options in a more personal way.
Some customers may find a formal PowerPoint presentation excessive, and possibly
even a bit intimidating. For these customers, it may be useful to present options in
writing or with one or two simple, printed graphics.
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Note: This activity requires independent research, therefore no suggested answers are provided.
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15 Recommend a product
It is important for a broker to recommend a product and its features to the customer in
a clear and unambiguous way.
Discuss the impact of recommendations clearly and comprehensively, including
strengths, weaknesses, benefits and risks.
For more on products and features, see:
• ‘Review home loan products’ in Part 3.
• ‘Topic 1-3: Products and services’.
Comparison rates
The NCCP Act requires providers of consumer credit to supply a comparison rate when
advertising their interest rates. This is due to the possible addition of various fees and
charges, and to make it easier for consumers to compare the total cost of credit
offerings from different providers. The comparison rate takes into account additional
fees and charges such as those listed above, as well as factors such as the duration of
the loan.
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16.2 Handling price objections
It is normal and sensible that home loan buyers are focused on getting the home loan
with the lowest possible interest rate, because even a small variance can make a big
difference to loan payments over time.
• When discussing home loans, refer to the comparison interest rate rather than the
displayed interest rate. The comparison interest rate includes the interest rate or
weekly repayment amount, plus most fees and charges. This is an easier way to
compare home loans.
• Where a loan has a higher interest rate, concede the price difference but explain that
there are other benefits such as offset accounts, redraw facilities or additional
accounts, including credit cards. Make differences and benefits between loan choices
very clear.
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16.8 Compensation
A customer will occasionally notice a disadvantage to a product and point it out. It is
appropriate for the broker to acknowledge the disadvantage and then try to show that
there are compensating benefits. For example the customer may say, ‘This loan from
Bank A has a higher interest rate than the loan from Bank B’.
The broker may respond, ‘Yes, that’s true. However, the Bank A loan offers an offset
account linked to your home loan. Any deposits to the account, such as your salary or
other income, will offset the loan balance while allowing you easy access to your money.
This can help you to save thousands of dollars in interest and cut years off the term of
your home loan’.
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2. Describe some negotiating styles mentioned in the article.
Note: You can access ‘Suggested answers’ for this activity at the end of this topic.
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Note: This activity requires independent research, therefore no suggested answers are provided.
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Legal capacity
While it may seem obvious to some, ensuring you contract with the correct
legal entity is a critical first step. If the other party is a corporation, is the
individual you are dealing with authorised to bind the company? Are they a
director or officer of the company? Does their role in company, like CEO,
give you some comfort that they have authority to make corporate
decisions?
Are you entering an agreement with a trust? With the rise of SMSFs, you will
increasingly encounter trusts in your professional life. Do you know who can
execute contracts on behalf of the trust? This topic alone can occupy an
entire article — we’ll save it for a future edition.
Consideration
The last major element of any contract is consideration. Even with a clear
offer and its acceptance, you cannot form a legally enforceable relationship
without consideration. In short, this is the price paid in exchange for goods
or services rendered. The ‘price’ can be anything from money to something
of value like reciprocal goods or services.
You may have heard the expression ‘the law doesn’t recognise gifts’.
This refers to a situation where goods or services are provided without
a reciprocal exchange of value. In this circumstance you have a
non-enforceable gift as opposed to a contract. Courts take a dim view of
gifts because, in the past, they have often been used to ‘save’ assets from a
liquidator during an insolvency event.
Final thoughts
Of course, where you are entering a material commercial arrangement
you should always seek independent legal advice. To heavily paraphrase,
a professional that relies upon themselves as their lawyer has a fool for
a client.
While contract law may seem unnecessarily technical or difficult to
understand, it provides a critical piece of infrastructure to all commercial
relationships which helps give parties confidence. As you become familiar
with the concepts, you’ll appreciate the importance of a good contract to
protect you livelihood.
(Spanos 2014)
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2. What does codifying a legal agreement mean? Why should you do it?
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Note: You can access ‘Suggested answers’ for this activity at the end of this topic.
References
Meyer, SJ 2014, ‘Persuasion: fascinating study shows how to open a closed mind’,
Forbes, 12 June, viewed 13 March 2017,
<http://www.forbes.com/sites/stevemeyer/2014/06/12/persuasion-fascinating-study-
shows-how-to-open-a-closed-mind>.
MoneySmart n.d., Consumer credit regulation, Australian Securities and Investments
Commission, viewed 13 March 2017,
<https://www.moneysmart.gov.au/borrowing-and-credit/consumer-credit-regulation>.
Spanos, C 2014, ‘Some contract law basics that every professional needs to know’,
Australian Broker, September, issue 11.17, p. 15, viewed 13 March 2017,
<http://www.brokernews.com.au/contents/e-
magazine.aspx?id=191525&utm_source=ab&utm_medium=emag&utm_campaign=AB+i
ssue+11.17>.
Suggested answers
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4. A court may also review a loan and can invalidate a loan agreement where it is found
to be an unjust transaction because of the borrower’s:
• age
• mental or physical condition
• lack of both understanding and access to independent advice
• having had unfair tactics used against them
• capacity to repay the loan
• understanding of the English language.
5. • Notification of changes and variations
Changes to a regulated loan must be specified in a notice sent to borrowers
as follows:
– change by agreement (other than principal increases)
– change by agreement (principal increases)
– unilateral changes (other than changes to interest rates).
The written consent of any guarantor should be obtained for any change to a
regulated loan.
• Changes to interest rates
Changes to interest rates will affect minimum repayment amounts. Lenders are
required to disclose interest rate changes in an advertisement in a newspaper
circulating throughout each state and territory. Borrowers must receive notice in
writing at least 20 days before the new repayment amount becomes effective.
• Statements of accounts
The NCCP Act requires statements of accounts to be provided:
– at least every six months for term loans and every 40 days for continuing
credit accounts (e.g. credit cards)
– within seven days of the borrower’s request if they are one-off statements.
A statement of account is not required if the interest rate on the loan is fixed for
the whole term of the loan.
• Statement of payout figure
The NCC requires that a statement of payout figure must be provided within
seven days of the borrower’s request.
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6. • Application form
Lenders’ application forms must include:
– a declaration as to the purpose of credit and needs to be signed if the loan is to
be used predominantly for business or investment purposes, and therefore not
subject to the NCC
– joint borrower nomination — the NCC requires that correspondence be sent to
all borrowers. However, borrowers living at the same address may nominate
one of the borrowers to receive documents and correspondence by
completing the joint borrower nomination form.
• Ongoing mortgage information
All borrowers and guarantors, if applicable, must be issued with a loan contract
that sets out the terms and conditions of the loan.
• Repayments
The NCC requires that full details of loan repayments are clearly set out in the
loan documentation.
• Credit fees and charges
All credit fees and charges, including those that may apply in the future,
are required to appear in the contract.
• Amendments
A new contract is required to be printed for a change in:
– loan type or product
– regulated/unregulated status
– the loan amount
– borrowers
– primary security
– any collateral security, such as adding or deleting a guarantor.
Note: Minor correctional amendments, such as changes to the borrower’s name
or address, can be initialled by the borrower without a new contract being
prepared.
• Collections
The NCC makes provision for borrowers to apply for hardship relief.
Hardship relief is discussed in ‘Topic 3-3: Packaging the application to send to
the lender’.
• Enforcement
Before enforcing any mortgagee possession, the credit provider must provide a
written notice as specified by the NCC to the borrower.
• Debt recovery
Prior to taking any debt recovery action, such as taking possession of any
security property, the lender must provide notice in writing to the borrower.
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