intelliMortgage Inc. Terms of Use

As a user of this intelliMortgage (IM) website and/or IM’s mortgage services, you are indicating your understanding of, and agreement with, the following terms and conditions:

GENERAL TERMS

1. You hereby acknowledge and agree to IM’s privacy policy.

2. You hereby understand that IM arranges mortgages with 3rd-party sources and does not lend its own money. intelliMortgage Inc. is independently owned and operated and licensed in Alberta, British Columbia, Ontario, New Brunswick and Newfoundland and Labrador. With the exception of Prince Edward Island, IM does not arrange mortgages in any other province.

SELF-DIRECTED MORTGAGE SELECTION

3. You acknowledge that IM has two primary business models: Do-it-Yourself and Full service. Do-it-Yourself is a deep discount option for customers who don’t feel they need mortgage advice. Full service includes detailed mortgage advice on term selection, application preparation, deal structuring, lender and product differences, rate analysis, and so on.

4. You understand that Do-it-Yourself mortgages are processed by mortgage agents (Mortgage Concierges) who do not earn a commission on your mortgage. IM also employs full-service agents who provide advice and operate under a different model, as disclosed above. These full-service agents operate similar to other mortgage brokers in the industry and may earn commission. It is your choice who you prefer to deal with. However, you understand that, due to the skill, knowledge and expertise of the full service agents, changing from the Do-it-yourself model to the full service model will, as a result thereof, increase the rate of interest payable by you.

5. By utilizing IM’s Do-it-Yourself offering, you hereby warrant that you are a knowledgeable mortgage consumer, are prepared to make your own mortgage decisions and judge whether the mortgage you’ve chosen yourself is fully suitable for you. You understand that IM’s Do-it-Yourself offering provides an additional rate discount in exchange for you receiving no advice other than that required by applicable regulations. You agree to incur all risk of loss resulting from you making your own mortgage decisions in connection with IM’s Do-it-Yourself offering. IM assumes NO liability whatsoever in connection with any and all risk that incurs to you as a result of your own independent and personal knowledge based decisions in connection with IM’s Do-it-Yourself offering.

6. You agree not to request a mortgage from IM unless you have undertaken your own requisite due diligence and are confident that you have made the right choice of lender and mortgage product.

7. You acknowledge that you have reviewed these suitability factors: http://www.fsco.gov.on.ca/en/mortgage/webinar/Pages/suitability_examples.aspx

8. If you apply with IM and are unsure whether a mortgage is suitable for you, you agree to ask us in writing before requesting that we process your mortgage.

9. IM is an independent brokerage service that does NOT provide investment or insurance advice. As a user of IM, you hereby warrant that any and all investment information in connection with IM shall at no time be construed as advice upon which your investment decisions are based.

DOCUMENTATION AND APPLICATION VALIDITY

10. In making a mortgage inquiry, application or in entering into any other transaction or request for information on this website, you hereby agree that all information upon which IM may rely is to the best of your knowledge accurate, true, current, and complete. You further agree to provide us all documentation required to facilitate the mortgage on your behalf, including but not limited to original copies of any documents as we or the lender may require. Original copies of documents you provide will be returned to you upon your request.

11. IM relies on the information you provide in order to arrange your financing. Changes to said information can jeopardize your financing approval and prevent your mortgage from closing on time. You hold IM harmless for any changes you make to such information following the lender’s approval of your application. You agree to notify IM before approval of any information which could materially increase the lender’s risk level, including but not limited to whether you plan to rent out any portion of the subject property, whether you have an interest in any other properties worldwide, whether you expect any adverse changes to your employment and income, whether your down payment on a purchase has not originally come from your own personal Canadian savings, and whether the property has defects that adversely affect its marketability. You further hold IM harmless for any errors, omissions, fraud or misrepresentations in the information you provide us.

12. You consent to and hold IM harmless for IM reporting any fraudulent information you provide to the authorities and any and all mortgage providers, including but not limited to the RCMP, local police, lenders and insurers.

13. If IM, a lender or insurer deems your application or documents to be suspicious with respect to potential fraud or irregularities, IM’s policy is to NOT proceed with your financing and to notify all lenders we apply to on your behalf of said suspicion. You agree that IM and its associated lenders and insurers shall be under absolutely no obligation to investigate or obtain details on your behalf with respect to said matters and any allegations related to your application, employment or documentation.

INTEREST RATES AND APPROVALS

14. Until you have a valid lender commitment, all rates listed herein are subject to change at any time without notice. In general, rates are updated on business days from 10:00am ET to 4:00pm ET and qualifying applications with complete documentation that are submitted outside of these hours should expect to receive next business day’s rates.

15. You understand that IM cannot submit your application to the lender and secure your interest rate until you provide us the documentation required by that lender, as specified by your IM mortgage concierge.

16. No information that IM provides orally shall constitute an approval, interest rate hold or guarantee.

17. As the majority of mortgage transactions are renewals, the APR rate, if applicable, is based on a transfer transaction with no appraisal fee, legal fees, or other fees charged by the brokerage or your new lender. Your specific case may vary and if so, we will notify you of any fees before you commit to closing with intelliMortgage.

CLOSING PROCEDURES

18. IM requires a minimum of 18 (EIGHTEEN) days to close, measured from the time you instruct us to submit your completed application to the respective lender of your choice. Factors that might delay this timeframe include, but are not limited to, your inability to provide the necessary paperwork up front, delays related to 3rd-party appraisals, delays with 3rd-party lawyers, notaries or closing agents, a decision to switch lenders, and unforeseen delays with the lender, all of which you agree to NOT hold IM responsible for. You hereby acknowledge not to hold IM responsible for any and all delays in closing which may result on account of any such unforeseen factors, pursuant to clause 9 of the TERMS OF USE herein. Applications must be reviewed by an intelliMortgage underwriter before submission to the lender.

19. You agree to notify IM immediately of any developments that could jeopardize your approval or closing. This notification must be provided directly to your IM mortgage concierge via e-mail, and/or e-mailed to team@www.intellimortgage.com. You further agree to provide IM with all documentation and executed agreements that the lender reasonably requires to close your mortgage at least 10 business days before the scheduled closing date. Failure to do so will jeopardize your closing and may result in the cancellation of your approval, upon which a cancellation fee may apply.

20. Without advanced verbal and written notice to IM, without which your application may become void, you agree, at or before the time of closing of your IM mortgage, not to incur additional debt, or to cease employment as indicated in writing on your mortgage application.

21. All financing arranged through IM as well as all terms in IM’s various online and written agreements and consents and the contract that you sign, are subject to the lender’s conditions and commitment, which may be updated from time to time. Said updates may occur without notice and you agree to request the latest terms from IM as you require.

LENDER PERFORMANCE

22. IM hereby makes no guarantee or representation that the lenders with whom it deals and/ or recommends shall approve your mortgage or close it as according to your specific expectations.

23. You agree that IM shall not be held responsible for any and all actions taken by lenders, regardless of whether you chose the lender or IM recommended the lender.

24. If we refer you to a mortgage provider outside of the broker channel, you understand that we will not be processing your mortgage and do not control the outcome. In turn, IM shall not be held liable for any services, advice, actual or implied assurances or mortgage that you receive from any mortgage provider outside of the IM broker channel.

LEGAL DISCLAIMERS: NO REPRESENTATION AND WARRANTIES BY IM

25. The web page content on or available through this website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law as governed by the province where your subject property is located, IM hereby disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

26. IM makes no representation or warranty regarding the web page content or its use thereof. The web page content on or available through this website might include, and shall not be limited to the foregoing, inaccuracies or typographical errors and/or inaccuracies as a result of developments occurring after their respective dates of preparation or publication of the webpage content herein. Unless specifically required by applicable statutes or regulations, IM has no obligation to maintain the currency or accuracy of any web page content on or available through this website.

WEBSITE DEFECTS & ERRORS: IM SHALL NOT BEAR RESPONSIBILITY

27. You hereby acknowledge and agree that IM is not, and shall not be responsible for the results of any defects or errors that may exist in this website or its operation. As to the operation of this website, IM expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. IM makes no representation or warranty that (a) the operation of this website will meet your or any other user’s requirements; (b) access to the website will be uninterrupted, timely, secure, or free of errors, viruses or other harmful components; or (c) any defects in this website will be corrected.

28. You hereby agree and acknowledge that you, and not IM, shall bear the entire cost of all servicing, repair, correction or restoration that may be necessary for your data, software programs or computer equipment because of any viruses, errors or other problems you may have as a result of using or visiting this website.

IM WAIVER OF TORTIOUS LIABILITY

29. You agree that under no circumstances will IM be liable to you or any other person or entity for any damages or injury, including any direct, special, incidental, consequential or punitive damages or any damages or injury caused by error, inaccuracy, omission, interruption, defect, failure of performance, delay in operation or transmission, telecommunications failure or computer virus or other problem, that may result from the use of, or the inability to use, this website or the web page content on or available through this website, whether in an action alleging breach of contract, negligence or any other cause of action, or arising out of or in connection with the use or performance of any web page content on or available through this website. You agree that IM shall not be liable even if we or our authorized representatives have been advised of the possibility of such damages.

EXCEPTIONS

30. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall IM’s total liability to you for damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, in accessing or using this website or web page content thereon.

IM-RELATED COMMUNICATIONS

31. You agree to hold your login and password secure and not make it available to any other party. You hold IM harmless for any losses or data breaches associated with your use of this website.

32. You consent to us communicating with you and transmitting and receiving information from you via e-mail and facsimile, which cannot be, and is not, guaranteed secure.

33. You agree to receive any required disclosures via electronic mail transmission (e-mail), or at IM’s discretion.

34. For any urgent time-sensitive matters, you agree to contact us by both phone and e-mail.

35. You agree to notify us IN WRITING immediately of any complications you or your solicitor or closing agent have in meeting the lender’s requests, conditions or closing requirements.

36. Communications with IM may be recorded for training, customer service, compliance and legal purposes.

37. IM uses web cookies to provide a better online user experience and assist with marketing initiatives.

38. IM may limit or deny your use of this website for any reason, and at any time without notice, at its sole discretion, subject to the law.

39. If you apply with one or more other applicants, you understand that those applicants may see or hear about your personal information, and you consent to IM disclosing your personal information to those other applicants, while processing and servicing your mortgage. You hereby acknowledge that IM shall not be held accountable or liable for the disclosure of your personal information to third parties that may result from your application in which there are multiple applicants.

APPRAISERS, FEES AND REBATES

40. IM is generally compensated by the lender you choose. This compensation may include cash or incentives and varies by lender, product and term. IM does not typically charge broker fees to normally-qualified mortgage applicants. In rare exceptional circumstances, we will notify you of any such fees before you commit to closing with IM.

41. As is normal in the industry, third party legal/registration fees apply to all purchases and refinances unless otherwise indicated in the Mortgage Builder rate notes for the mortgage you’ve selected. These fees do not apply if you are merely “switching” lenders and have indicated “Switch” as your mortgage type in the Mortgage Builder. “Switching” means you are making no changes to the mortgage terms, you meet the new lender’s guidelines and you have a “standard charge” mortgage (i.e., not a readvanceable mortgage and not a secured line of credit).

42. As a courtesy to our clients, intelliMortgage Inc. provides full or partial appraisal rebates on all standard Do-it-Yourself mortgage applications that close with us over $150,000. The upfront cost is the borrower’s responsibility. Appraisal rebates are limited to one appraisal per client, per property. Rebates may not apply to special limited time offers or refinances with one’s existing lender. Rebates are not provided in cases where the appraisal is not satisfactory to the lender and/or borrower, and/or in cases where you are cancelling an existing approval we arranged for you in order to change lenders.

43. Appraisals are always the lender’s property. Appraisers and lenders prohibit us from releasing appraisals that are commissioned by the lender, regardless of who pays for the appraisal. It is always your right, however, to know the estimated value of your property if it is conveyed to us by the appraiser. Please note: Some lenders do not disclose this information to us.

CANCELLATION FEES

44. You understand that cancellations impair IM’s ability to offer the best rates to its clients and that IM incurs administrative and lender-related costs if you cancel your application. Therefore, for “Do-it-Yourself” mortgages, a $295 cancellation fee will apply if you request an approval from us, and we obtain that approval as you instructed and then you cancel that mortgage request for reasons within your control. You agree to this policy and waive all rights to rescind your agreement in cases where you cancel your mortgage application with intelliMortgage Inc., or instruct IM to switch the lender on your application, and are charged this fee. IM reserves the right to cancel your file in cases of fraud or breach of this agreement, in which case the cancellation fee shall apply in full. This paragraph is not applicable in British Columbia.

45. You agree not to ask IM more than once to cancel and re-route an application that has already been submitted to a lender for approval.

46. If you wish to pay the cancellation charge and change lenders after we obtain your approval, you understand that doing so requires a new application and that re-approval requires at least FIFTEEN (15) business days due to lender policies and processing timeframes. As a result, changing lenders may adversely affect your closing date. Changing lenders and extending the closing date more than 30 days will incur a cancellation fee if the mortgage is a refinance or switch (aka., transfer or assignment).

47. Subject to the aforementioned terms and exceptions, IM may, and shall reserve the right, to charge your credit card or otherwise bill you for the cancellation fee at any time after it becomes apparent that you are not proceeding with the approval(s) we have obtained on your behalf. You agree that non-payment of the said fee within THIRTY (30) days of your cancelled application may incur administrative fees and result in your account being sent to collections. You further acknowledge that all approvals are conditional, and your refusal to satisfy a condition shall not relieve you from having to pay the cancellation fee when due.

RATE POLICIES AND CASH BACK EFFECTIVE RATES

48. IM cannot and does not guarantee to beat all mortgage rate quotes, including but not limited to cases where a below-market rate is not longer available to new customers in the marketplace. As an IM client, you consent to IM’s Up-Front Rate Guarantee, After-Approval Rate Guarantee and Closing Date Guarantee policies, details here.

49. In cases where a lender prohibits IM from offering a lower rate, you agree that IM may at its discretion give you equivalent cash back in lieu of any rate discount. This is called a “cash-back effective rate.” Unless otherwise noted, all IM cash rebates, if applicable, shall be paid to you on or before the 19th day of the month following the month your mortgage closes with IM, or the next business day thereafter if the 19th falls on a weekend or holiday.

50. The payments shown for cash back effective rates are effective payments, meaning they are a hypothetical payment assuming your contract rate were at the rate displayed. This is done merely to permit comparison of total payments over the term. Your actual payment will be higher because it’s based on a higher contract rate.

51. Cash back effective rates are calculated using the amortization and loan amount you applied to IM for originally. If you increase your loan amount and the lender approves that increase, your cash rebate will increase accordingly. If you reduce your requested amortization or loan amount after your original application to IM, the cash back you receive will decrease accordingly as the interest savings (the basis for the cash back) will also be reduced accordingly. Cash rebates will not be increased in a case where you increase the amortization from that in your original application to IM, unless by exception with IM’s written consent.

CONSIDERATIONS AFTER CLOSING

52. You acknowledge that failure to pay your mortgage on time may result in repossession and loss of your home, destruction of your credit and a wide range of fees and penalties.

53.You acknowledge that not all mortgages are portable and those that are entail fees and require you to meet certain conditions, including but not limited to the condition that you qualify for the mortgage based on the lender’s guidelines at the time of the port. If relying on a ported mortgage, do not purchase a new property without confirming from your lender that you qualify for the port.

54. Any questions about a lender’s policies, fees and guidelines after your closing date are to be referred to the lender. You agree to not rely on IM for this information as such information changes and lenders often have the latest version of policies.

MISCELLANEOUS

55. You agree to cooperate fully and expeditiously to aid IM in closing your IM mortgage.

56. Applications with other lenders can jeopardize your approval with intelliMortgage. You agree to advise us of any outstanding applications with other mortgage providers before you apply with intelliMortgage. If we have already submitted your application to the lender you requested from us, you agree to notify us in advance, by email, before applying with any other mortgage provider.

57. We try hard to ensure at all times that you are a satisfied client. You agree to allow IM a minimum of FIVE (5) business days to resolve any issues or concerns before you escalate or report those issues to any third party, subject to applicable laws and regulations.

58. Time requirements: arranging financing: IM requires FIVE (5) full business days to arrange financing. Any attempts it makes to arrange financing in a lesser timeframe are exceptions, subject to risk, and as such, said financing is not guaranteed to be secured by any particular deadline.

59. You will not exploit information on this website in any way that is competitive with, or damaging to, IM’s business.

60. IM has the right to refuse, at any time, to do business with any current or prospective client, for any reason that is not strictly and explicitly prohibited by law.

61. You acknowledge that mortgages involve risk, including interest rate risk, renewal risk, payment risk and the risk that your home will be repossessed with related costs if you fail to make timely payments and honour your agreement(s) with the lender.

62. Territorial jurisdiction: You agree that these Terms of Use shall be governed by and construed in accordance with the laws of Ontario, and may change without notice. The onus is on you to keep abreast of the latest Terms of Use on this page.

63. Any clauses deemed unlawful shall be stricken with the remaining clauses held in full force. Any failure of IM to enforce a part of this agreement shall not constitute any waiver of its rights herein.

64. intelliMortgage is a registered trademark of intelliMortgage Inc.

 

Last updated: August 9, 2016