Forum Replies Created
- HomeLoanExperts wrote:We never give any recommendation without first having the entire picture and supporting docs. It is common sense.
You wouldn't go to a doctor and ask them to prescribe you something without first asking them to investigate your symptoms. We can't give accurate, quality advice without the entire story. It is counter productive and is a waste of our time and our clients. In addition to this the NCCP Act requires us to "make reasonable enquiries" and take reasonable steps to verify a clients situation before we make a recommendation of any kind.
That being said it is frustrating for you I am sure. That is why we will be able to say "it is likely we can get you a loan with a major lender at an interest rate in the range of ___ with terms such as ____" at an initial stage, however any more than that requires the full story.
Thanks guys, I understand the points you are making and understand the requirement to conduct an appropriate needs analysis prior to making specific recommendations for an individual's specific circumstances.
This is not what I was asking for at that stage in the relationship. Imagine a client asking "which lenders have home loans with offset accounts" and the answer being "I can't answer that until you send me all your mortgage documents and tax returns." I'm exaggerating to make the point.
At that stage we were trying to determine if there were products available with the appropriate features that could allow a strategy to be implemented in a particular way. There were some loan features I was after but did not know what the correct terminology was for them. If there were products that were fit for purpose then the next step towards serviceability checks could have been taken.
To review your doctor metaphor… I would expect that a doctor (GP) would have an excellent level of competency and be able to apply an effective solution to my problem and so I agree I would give him or her my personal details up front. There is also a very different trust relationship there. I have not had the same experience of competency or trust with some brokers I have spoken with in the past and, given that the loan was not a "vanilla deal", my first step was to confirm the broker could do what I needed before I took the next step. I think that makes sense too.
I respect brokers' time and value mine as well.
By the way thanks for your time in contributing to this interesting thread.
Cheers,
Jason.
Thanks Michael,
with such a competitive market it is hard to strike a balance between providing great service and protecting yourself from clients who have little or no respect for your time. I support methods to qualify customers, to place value on your own time and to protect your intellectual property. It is a conundrum though because it is difficult in the early stages to identify quality prospects from others. I imagine that there are plenty of examples where brokers feel like they have wasted their time with tire kicking prospects and where some clients might feel they waste their time with brokers who might be good sales people but no good at the "technical craft" of broking (ie product knowledge, structuring, allowing for future contingency, application and settlement admin etc). I have run into too many brokers that are great at sales but hopeless at getting an outcome that meets requirements. So at the same time I expect a broker to be qualifying me as a client, I am qualifying them as a competent professional. For me trust comes after demonstration of ability to deliver.
In my particular circumstance I was referred to the broker by my financial planner and so I felt that I came, 'pre-qualified' to some extent. Certainly sufficient to give the broker a sense of certainty that he wasn't wasting his time. Further I gave the broker sufficient information about incomes, assets and liabilities for him to do a quick assessment on the spot, if in fact he had brought a laptop with him to do that (which he hadn't). The initial information I was after was not much more than product information: "I want a product with the following features/attributes. Who can do this?" Even I was able to identify a number of lenders who had something close (some also mentioned in another thread, thanks to those who responded) and that took me 20 minutes and with none of the comparison tools available to brokers.
I was not after structuring or strategy advice and so I expected that his product knowledge mixed with experience would have been sufficient to answer my question.
I think also I had a decreasing level of confidence that the broker was able to provide a product that would be fit for purpose. It was a combination of things that made me feel this way.
Thanks for your explanation Michael. I appreciate you taking the time to explain.
Jason.
Derek wrote:Hi Jact,Let's leave the tax questions to one side for the moment and only focus on the strategy you are considering.
At the moment you are paying $5K/month into your portfolio and want to redirect that into your own home mortgage while allowing your LOCs debt levels to increase by the same margin.
On this basis I have a couple of questions for you to consider.
1. Will the existing LOCs limits allow you to make significant inroads/pay-out your mortgage before they reach their limit?
2. Assuming you still have a mortgage on your own home when exhaust your LOC limits – how will you manage that scenario?
While, in effect, you are moving debt from non-deductible to deductible have you considered the possible scenario you will create if you want to sell off an IP or two?
Just some thoughts for you to consider.
Hi Derek,
1. No.
2. Using the scenario described above (rebalancing limits).
I'm not sure how the sale of separate IPs is related to the strategy. Why do you ask?
Thanks,
Jason
Terryw wrote:These were from my notes, the URL has probably changed Try searching http://www.ato.gov.au/rba/disclaimer.aspx with the PBR number. I didn't keep copies, so hope they are still available.Thanks that worked.
The new links are:
PBR 94313 http://www.ato.gov.au/corporate/content.aspx?doc=/rba/content/94313.htm
PBR 93035 http://www.ato.gov.au/corporate/content.aspx?doc=/rba/content/93035.htm
PBR 93707 http://www.ato.gov.au/corporate/content.aspx?doc=/rba/content/93707.htm
One where they said no
PBR 1011345133229 http://www.ato.gov.au/corporate/content.aspx?doc=/rba/content/1011345133229.htm
Terryw wrote:There are also a few private rulings out there where the ATO actually said it was ok – these only work for the individual that applied for the ruling. Might be good ammunition to rely on though if you try the same.PBR 94313 http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/94313.htm
PBR 93035 http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/93035.htm
PBR 93707 http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/93707.htm
PBR 94313 http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/94313.htm
One where they said no
PBR 1011345133229 http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/1011345133229.htm
Hi Terry,
I get an error when I click on theses links:
"Error 404 – File Not Found
Sorry, the file you were looking for could not be found."
The links redirect. For example the first link goes to: http://www.ato.gov.au/errors/404.aspx?aspxerrorpath=/content.aspx?ms=rba&doc=/RBA/Content/94313.htm.
I get the same error when I paste the PBR nnnn number into the search window.
Do you need a particular ATO login to read these?
Thanks,
Jason.
Jamie M wrote:Hi JasonIt can be both a method of matching requirements and qualifying the customer.
Providing I feel that I have sufficient information to make a recommendation which often involves assessing payslips and financials, then I'll provide that product recommendation to the client.
However, I do know that there have been times where I've spent quite a while on scenarios and have offered up the information for the client to go straight into the branch with my recommendation….and then call me back a few weeks later when it goes pear shaped. It's frustrating -but it does happen……that's not to say that was your intention.
Cheers
Jamie
Yes understood,
Having been in sales I have seen that happen before. It is frustrating because the is an opportunity cost to each sale. Not to mention the fact that you get your hopes up. Retailers are experiencing a similar thing with online sales where people trying things on in store then buy them cheaper online. But if you are offering the same product I don't understand why people would cut the broker out. If I get good service from a person I'll always use them. I don't understand why anyone would bother going direct to a lender.
It was certainly my intention to use the broker who was doing the work for me subject to his ability to deliver.
Thanks for the explanation. I appreciate your point of view.
Cheers,
Jason.
APerry wrote:Hi Jason,By asking for specific advice without providing supporting information you are asking this broker to breach his responsibilities to you under the responsible lending laws. He is doing the right thing refusing to give advice without that info.
Hi Alistair,
To clarify I was not asking for specific advice based on my financial circumstances per se. I provided a scenario and asked him to research and discuss products that could be used for that scenario. I note that at some point you have to match clients' circumstances to credit policy but we had not got to that point.
He did some research, then advised he had some products to discuss, but would not discuss them until I had provided tax returns, mortgage statements, rental statements etc. He did not ask me to sign a privacy declaration to acknowledgment (or whatever you get clients to sign these days), he just asked for my documents. Of course I was reluctant to provide documents unless he could demonstrate an ability to deliver.
I understand the need for brokers to comply with lending laws, but it appears to me he was taking it too far and using it as a measure to prevent me shopping around. If this is standard procedure then I sympathise with brokers because the govt / MFAA has seriously overcooked consumer protection measures to the point where people just won't do business.
Cheers,
Jason
Thanks Terry,
I understand that this could be one approach used to qualify customers. I would agree that qualifying is exactly what a salesperson should do in order to ensure that they are maximising their time.
BUT to claim that current regulations require that he collect all this documentation before he even start looking at products for me seemed to be a bit of a stretch.
Anyway, given your answers on a separate post it appears to be a moot point.
Thanks again,
Jason.
Ok, thanks so much for your time and assistance.
Hi Terry,
I had not sought advice on this because I did not even realise it would be an issue. My train of logic was:
- If I have used equity in my home to obtain a loan for the deposit and costs to buy an investment property (and used a separate sub account for that for example) I can claim interest on that investment loan because the purpose is for investment, despite the fact that it is secured against my property.
- If I have an investment LOC secured by my investment property and there is "room" in that LOC I can capitalise interest up to my limit and claim the interest on that increased portion of the loan as a deduction.
- Similarly, if I have an investment LOC secured by my owner occupied property and there is "room" in that LOC I can capitalise interest up to my limit and claim the interest on that increased portion of the loan as a deduction.
Therefore I reasoned that if the gap that I normally make up myself each month (say $5k) is paid off my non deductible home loan (which is where it would have gone if I did not have an investment property) rather than directly onto my investment LOC then I could capitalise the interest with the "room" I have created on my investment LOC subaccount by paying down my owner occupied LOC (both secured by my owner occupied property). I would still intend for the all the investment income to go towards paying off the investment expenses, it is just the gap that would be capitalised.
Terry from a first scan of that very hard to read (!) draft tax determination it appears that they propose to disallow this specific approach.
Is that your understanding?
Thanks for the heads up by the way. If this can't be done it is disappointing but will have saved me time I can focus on other things.
Jason.
More information: in short I am currently subsiding my investment portfolio interest cost by approx $5k per month from my personal income. I want to pay that off my home loan instead and capitalise the same amount of investment loan interest on the LOC that will be used for investment purposes.