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If a mortgage broker that is not the lender in a transaction, covered by the Act, provides the special information booklet, is the lender also required to provide the special information booklet?
The statute does not excuse lenders from complying with the Act merely because another person provides the special information booklet. However, if the lender in the transaction can provide evidence that the special information booklet was provided at the time of application by the mortgage broker, the Director will presume the lender complied with the Act.