A finance broker's possession and completion of a financier's application forms, provision of financial information to the financier, receipt of commission, and references to a close relationship with the financier are all consistent with the broker acting for the borrower and do not establish an agency with the financier. A financier's conduct in settling a finance transaction before completing all title inquiries is not unconscionable where the mortgage expressly places the obligation to obtain clear title on the borrower, the borrower is commercially sophisticated, and there is no evidence the financier knew the borrower was relying on it to ensure clear title.
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