I took a mortgage and the broker didn't disclose their commission. Were they required to?

What the Law Says

The EU Mortgage Credit Directive (MCD) sets binding rules for transparency in mortgage lending across all EU Member States. It applies to any credit secured by a residential property and covers intermediaries like brokers.

Under the MCD, mortgage brokers must clearly disclose any commission or remuneration they receive from lenders — and how it affects the consumer — before the credit agreement is concluded.

This disclosure must be provided in a standardised, pre-contractual document called the European Standardised Information Sheet (ESIS), which includes the broker’s remuneration structure.

Failure to disclose commission undermines the consumer’s ability to compare offers and make an informed decision — a core objective of the Directive.

Statutory Text

The creditor or credit intermediary shall provide the consumer with information on the amount of any commission or other remuneration received or to be received from a third party in connection with the credit agreement.

— Directive 2014/17/EU, Art. 22(1) — Disclosure of remuneration

Statutory Text

Such information shall be provided in good time before the conclusion of the credit agreement and in a clear and comprehensible manner.

— Directive 2014/17/EU, Art. 22(2) — Timing and clarity

Sources