Mortgage advice with fines | Legal aid

Questioner

I took out a mortgage in 2010 through an advisor from a national chain. This would be my first home, but certainly not my last. I then opted for a 20-year fixed interest term because this was the most advantageous in terms of interest rate. Now 7 years later, I have bought a bigger house and taken out a new mortgage through the same chain. However, I am now confronted with a fine from my previous mortgage provider for paying off the mortgage early. In the previous mortgage there was a benefit component, but also a penalty clause for early repayment of the mortgage. (I was not fully aware of that at the time) Now I can get out of this fine if I take out the mortgage with the same bank. But I have already taken out a mortgage with another bank. So this is no longer possible. Now I was curious, shouldn't the first mortgage advisor have 'sold' me this advantage component because he knew I would move on in the long run. Or at least advised against it? And the last mortgage advisor should not have taken this into account or at least noticed it when taking out the new mortgage.

Lawyer

The mortgage advisor has a special duty of care, including that he must investigate the risks for you as a customer for the financial product, check whether it is financially feasible and a warning duty. And in particular with this last duty, a penalty calculation that you have been confronted with may fit. The advisor should have pointed this out to you. In my opinion, this applies less to the benefit component, but the fact remains that he should have included this in his advice and investigated it thoroughly. I advise you to hold the advisor liable and claim the damage that you suffer.