Variable-Cost Real Estate Financing Products for Individuals

Translated Document

SAMA would like to emphasize the importance of the Financial Consumer Protection Principles and Rules , particularly the necessity of Equitable and Fair Treatment (Principle No. 1), disclosure and transparency (Principle No. 2), and financial education and awareness (Principle No. 3). Additionally, SAMA highlights the responsibilities of lender toward their clients, particularly the obligation to ensure that the product is suitable for the client's needs and circumstances, explaining the product’s nature, costs, and associated benefits and risks in a clear and understandable manner. Moreover, lender must provide advice and support to clients facing financial difficulties, working with them to overcome these challenges before proceeding with legal actions.

In light of the challenges some beneficiaries of variable-cost real estate financing products have faced, particularly the increase in monthly installments, and based on a study conducted in this regard, SAMA directs real estate lenders to immediately take all necessary actions to care for their clients. These care measures should include appointing specialists with sufficient knowledge of this type of product to communicate with clients, providing a clear explanation of the product’s nature, its benefits and risks, the relevant contract terms, the repricing mechanism, and addressing any other client inquiries. The due diligence procedures must also include offering clients one or more options, in addition to the option of continuing with the existing real estate financing contract. These options may include converting the contract to a fixed-rate financing contract, rescheduling the payments, or enabling the client to transfer the debt to another real estate lender under conditions that suit the client.

SAMA stresses that none of these options should result in the client being charged any additional costs for the remaining period, in accordance with the Guide for Calculating the Early Payment Amount outlined in the finance regulations and without imposing any additional administrative fees on the client.

SAMA clarifies that these directives are issued to ensure the protection of clients' rights and to promote fairness and transparency in transactions. This is based on the powers granted to SAMA under the Saudi Arabian Monetary Authority Law, issued by Royal Decree No. (23) dated 23/05/1377H, the Real Estate Finance Law issued by Royal Decree No. (M/50) dated 13/08/1433H, the Finance Lease Law issued by Royal Decree No. (M/48) dated 13/08/1433H, and the Finance Companies Control Law issued by Royal Decree No. (M/51) dated 13/08/1433H, along with the implementing regulations for these laws. SAMA will take legal action in the event of non-compliance with the above directives.

Additional instructions pursuant to Circular No. (391000018728) dated 17/2/1439H.

In light of the inquiries received by SAMA on this matter, SAMA emphasizes that real estate lenders must undertake the following:

1. Disclose the reference index for the variable cost of real estate financing products on their website.
2. Urgently communicate with all customers benefiting from variable-cost real estate financing products regarding the following points:

	A.	The ability to access the reference index data for the variable cost of real estate financing products on the lender’s website and provide the dedicated link for this information.
	B.	Provide customers with contact details and grant them a period of no less than one month from the date of receipt to offer them options to amend their contract terms or any other options as outlined in the aforementioned circular.
	C.	Inform customers of their right to communicate with a credit advisor who is well-versed in the characteristics of this type of product to provide a clear explanation of the product’s nature, its benefits and risks, the relevant contract terms, the repricing mechanism, and to answer any customer inquiries in this regard. This communication and the outcomes must be properly documented.

Please note that SAMA will take all necessary legal actions in the event of non-compliance with the issued instructions in this regard.

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