Charter of Transparency and Allocation of Statutory Duties
Allocation of Liability and Scope of Service
We operate pursuant to the provisions of the Polish Act of 23 March 2017 on Mortgage Credit and on Supervision of Mortgage Credit Brokers and Agents. The law explicitly defines the role of a broker as an entity providing advisory and auxiliary services at the pre-contractual stage, granting neither decision-making nor representative authority on behalf of the banks. A smooth verification process requires the Mortgage Loan Applicant to strictly and timely follow the analytical procedure. The matrix below defines the exclusive boundaries and limits of our legal liability.
Operational Exclusions (Outside the Statutory Scope of the Broker)
- Assuring the final and positive decision of the bank Pursuant to applicable law, the sovereign and autonomous decision to grant a mortgage loan is made exclusively by the credit committee of the selected bank. The broker does not represent the decision-making institution and bears no liability for rejection decisions resulting from the internal risk policies of financial institutions.
- Monitoring the deadlines of your agreements with the property seller Mortgage brokerage does not constitute legal handling of the purchase transaction. Monitoring the expiration dates of reservation, preliminary, or development agreements is the sole responsibility of the Client. We do not track your calendar and bear no liability for any civil law consequences (including the risk of forfeiture of deposits).
- Immediate availability and response time standards (SLA up to 72h) In order to ensure flawless focus on active financial analyses, we employ a structured communication management model. We reserve the right to respond to standard and repetitive ongoing inquiries within up to 72 business hours. Dedicated channels (including WhatsApp groups) serve for reporting milestones, not for conducting ad-hoc consultations. Prior to asking procedural questions, the Client is requested to independently verify the knowledge base and FAQ documentation available on the website.
- Physical retrieval of personal and income documentation The Act imposes a strict obligation on the consumer to provide complete and reliable information necessary for creditworthiness assessment. The broker has no authority or access to tax systems (Tax Office), ZUS (Social Insurance Institution), or the payroll systems of the employer – compiling these data remains the exclusive duty of the Client.
- Assembling documentation in piecemeal fashion or via instant messengers Due to data security standards and rigorous analytical procedures, we do not accept documents sent individually or through private communication channels (e.g., WhatsApp). File registration and the commencement of verification occur exclusively after the submission of a consolidated Master Package.
- Verification, fixing, and correcting accounting errors We analyze the provided documentation solely against known bank procedural requirements. We do not provide tax advisory services, financial restructuring of companies, and we bear no liability for errors committed by the Client's external accounting office.
- Processing the application in the event of non-responsiveness (48h Rule) Maintaining current offer parameters requires operational fluidity. If the turnaround time for a requested signature, document, or clarification exceeds 48 hours, the process is suspended. We bear no liability for the expiration of information sheets or modification of offers resulting from delays on the part of the Client.
- Modifying financial status during application processing The Client undertakes to maintain an unchanged income and personal situation until the date of loan disbursement. Incurring new liabilities (leases, credit cards, installment purchases) or changing the form of business activity without prior consultation with the analyst is done at the sole risk of the Client.
- Financing transaction-related costs and fees All financial charges associated with the process, including the costs of valuations, bank appraisal reports, notary fees, court fees, disbursement commissions, and insurance, are settled directly and exclusively by the Client.
- Assessing the commercial viability and profitability of the investment The scope of our services is strictly limited to the structuring of financing. We do not conduct market analyses regarding return on investment (ROI), property price growth potential, adequacy of the purchase price, or the business rationale of the transaction.
- Post-credit, legal-tax, and land registry actions The physical submission of the application for the entry of the mortgage in favor of the bank in the Land and Mortgage Register (KW) after the loan disbursement, monitoring this entry in court, and timely settlement of civil law transaction taxes (e.g., PCC-3) rest entirely within the Client's remit.
- Liability for actions of third parties and latent defects We bear no liability for delays or errors caused by external bodies, including developers issuing technical documentation, independent property appraisers, land registry courts, or insurers. We do not perform technical audits or verify hidden defects of the property.
Scope of Engagement and Statutory Duties of Harveo
- Acting with due professional diligence Pursuant to Article 11 of the Act, as a licensed broker, we perform actions aimed at protecting the rights and interests of the consumer, acting in an honest, fair, transparent, and professional manner based on the current legal state.
- Providing information sheets (ESIS) In line with statutory requirements, prior to the signing of loan applications, we present the Client with European Standardised Information Sheets (ESIS) generated by the banks, allowing for an overview of the structure of costs, commissions, and APRC.
- Analysis and comparison of available market solutions We conduct a comprehensive audit of bank offers, aiming to select a financing structure oriented towards optimizing capital costs (margins, commissions, bridging insurance) based on the transaction profile.
- Initial, estimated creditworthiness assessment We calculate the financial profile of the applicant based on the data and declarations provided by them, relying on current banking criteria and KNF (Polish Financial Supervision Authority) Recommendations to outline estimated financing frameworks.
- Informing about product risk mechanisms We outline the general principles and mechanisms of mortgage products, including the specific nature of risks associated with variable interest rates, the structure of installments, and the consequences of failing to meet contractual obligations.
- Verifying the completeness of loan application structures We exercise due diligence to verify the formal correctness and consistency of the compiled documentation against known banking guidelines, aiming to mitigate the risk of the file being halted by bank analysts.
- Delivering tailored requirements lists (Master Checklist) We develop and provide a personalized document path, precisely matched to the Client’s source of income and the legal status of the acquired property, eliminating the need to independently interpret banking procedures.
- Technical and administrative preparation of forms We provide informational support and technical assistance in structuring, filling out, and compiling complex attachments, main applications, and declarations required by individual banking departments.
- Mathematical modeling of analytical ratios (LTV, DTI) We compute transaction parameters to optimize key bank risk ratios, striving to align the structure of the application with the internal, often non-public acceptance matrices of individual institutions.
- Coordinating the collateral valuation process We provide communication and operational assistance in transferring the property's technical documentation to designated property appraisers, ensuring a smooth exchange of data during the creation of the appraisal report.
- Assistance in case monitoring and analysis of draft agreements We support the Client during the parallel processing of applications across selected banks (Plan B) and provide informational assistance in analyzing draft loan agreements sent by the bank prior to final execution.
- Attempting escalations within risk departments We demonstrate engagement in clarifying disputed matters with bank analysts, utilizing Harveo Finance's established institutional relationship channels, without the ability to exert binding influence on the final outcome of the bank's analysis.
Systemic Determinants of the Mortgage Process
- Validity of income documentation and financial analyses All income certificates, account statements, and company registration documents have rigid expiration dates (typically 30 days). Delays in providing documents break the continuity of the process and may necessitate re-gathering data.
- Volatility of macroeconomic parameters and bank offers Financial institutions reserve the full right to modify margin schedules and fixed interest rates at any time. Calculations presented at the initial stage are purely illustrative and estimated until the final decision is issued by the bank.
- Criminal liability for submitting unreliable statements Pursuant to Article 297 of the Polish Criminal Code, submitting untrue, forged, or unreliable documents for the purpose of obtaining financial support is subject to criminal liability. The Borrower bears exclusive liability for the authenticity of the provided information.
- Automated identity segregation in Harveo systems Due to the digital encryption of files on analytical drives, a prerequisite for correct application registration is providing identical personal data (first name, middle name, last name) during checklist generation and file upload.
- Impact of unauthorized credit inquiries on the BIK scoring Each independent generation of a credit inquiry by the Client in the BIK (Credit Information Bureau) databases during the bank's analysis drastically lowers the credit score and may result in an immediate, automated system rejection by the target bank.
- Independence of bank back-office operational turnaround times The duration of substantive, legal, and financial analyses in the central departments of financial institutions depends solely on their internal workload, procedures, and staffing resources, remaining completely outside the broker's influence.