Due Diligence Fee: Yay or Nay?
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  1. #1
    Senior Member Reputation points: 148 Capital Stack's Avatar
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    I agree with Jared there is nothing illegal about it. Many other industries a DD applies why couldn't it here. But don't confuse this statement with whether I believe its a good idea.

    Quote Originally Posted by Jared_Weitz View Post
    Is it? I know big companies in the space who charge a $2,500 DD fee which is included in their LOI to the merchant.

  2. #2
    A forum user Reputation points: 2147483647 Sean Cash's Avatar
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    Quote Originally Posted by Capital Stack View Post
    I agree with Jared there is nothing illegal about it. Many other industries a DD applies why couldn't it here. But don't confuse this statement with whether I believe its a good idea.
    It is illegal. The FTC governs this. Many states have laws that overlap the federal law and they specifically mention small business.

    https://www.google.com/url?sa=t&rct=...X-4EI1lDrOUaLA

  3. #3
    Senior Member Reputation points: 148 Capital Stack's Avatar
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    This article doesn't validate any point. If this particular broker had a success fee structure and did not succeed with the expected financing and had a refund clause as a such then he was obligated to do so. But this example of a rogue putz doesn't show anything. But would love to see anything from the FTC regarding governing DD fee's on non regulated products like equipment loans A/R financing commercials mortgages etc..

    And again my statement is no way advocating this practice in MCA.

    Quote Originally Posted by sean bash View Post
    It is illegal. The FTC governs this. Many states have laws that overlap the federal law and they specifically mention small business.

    https://www.google.com/url?sa=t&rct=...X-4EI1lDrOUaLA



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