ComplaintsforFisher Enterprises, LLC

• Initial Complaint

  01/12/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  Fisher sent a term sheet with a ***** day period and $2500 retainer that is refundable. We included all of the documents below, including SEC filings, claims sheets, and background checks in addition to contracts. When we checked their agreement with a bank, there was no SBA loan number linked to it when the banks checked.All we ask is that Fisher Enterprises does what they say they will in their agreement within the next 30 days. That means they close the loans linked to the terms or they refund the $2500 retainer in full.Netcapital, ************* and Transworld all have their own legal and compliance teams that have held due diligence cycles of 2 months or more. Every claim is linked to a document in either a corporate or partner data room. We can send claims sheets if necessary.Their legal agreement is '$525kTermsLetter_Agreementpdf.pdf'.Our SEC flings from December of 2022 with CPA Reports, background checks, and an offering statement can be found via these links:2022: ************************************************************************************************* 2021: *************************************************************************************************

  Business response

  01/16/2023

  TThe client is not due a refund of the retainer paid to our firm to arrange for an SBA loan because after we were retained the lender discovered that the clients company does NOT qualify for such a loan.
  GZI engaged us, as a broker, based upon the loan worksheet he completed. 
  

  The client is not due a refund of the retainer paid to our firm to arrange for an SBA loan because after we were retained the lender discovered that the clients company does NOT qualify for such a loan.
  GZI engaged us, as a broker, based upon the loan worksheet they completed.  Because we see on average 30 new commercial loan requests daily, we can only accept the loan worksheet to proceed in order to find a lender based on the geography of the transaction, the industry, the assets and cash flows as well as the clients credit scores and use of loan proceeds.
  

  Our terms letter is clear that the terms offered were based on the representations that had been made on our loan worksheet, compliance with the terms stated in our terms letter and subject to successful completion of due diligence by the lender.
  If those worksheet representations had been verified as correct by the lender upon review of the clients financial documents that the lender requested, after we were retained, the loan would have closed. This language is prominent in the terms letter the client agreed to.
  

  We ALWAYS ask for the client to please have the worksheet completed without answers that refer to other documents and PLEASE just give us a best estimate as to all requested numbers, as they do not need to be to the *****.
  

  On the worksheet the borrower submitted to us, they stated that they had $12,900,000 in accounts receivable (which can be loaned against).
  Later after we were retained, when asked by the lender GZI could not produce an accounts receivable aging showing that amount OR any amount of accounts receivable. 
  

  The lender also discovered after we had been engaged and they had asked to see the borrowing entities financial statements that the client company had ZERO sales for the year 2022 with a loss of $83,000 as opposed to the worksheet representations that stated that they had sales in 2022 of $12,900,000 and were making money. 
  

  These material misrepresentations caused the loan to be declined based on the language in our fee agreement which reads The retainer is refundable in the event that the lender that we represent fails to provide a formal proposal to Borrower in accordance with the terms outlined in our accompanying terms letter, provided that there have been no material misrepresentations or omissions made by Borrower.
  

  As per the language of the terms letter and fee agreement and submission of false information on our loan worksheet, that was later shown to be entirely inaccurate through the lenders review of financial documents the retainer is nonrefundable.
  

  We would be happy to apply the $2500 retainer against any other financing for this client or should there be a change in their financial condition going forward.
  
  
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