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Legal

Terms & Conditions

Last updated: June 1, 2026

These Terms & Conditions ("Terms") govern your use of the Encore Commercial Capital Corporation website, borrower application portal, investor marketplace, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

1. Who we are

Encore Commercial Capital Corporation ("Encore," "we," "us") is a commercial finance brokerage headquartered in Greensboro, North Carolina. We arrange business-purpose financing — including commercial real estate and business loans — through a network of third-party lenders and capital providers. We are a broker, not a direct lender, for most products. Final credit decisions are made by the funding lender.

2. Business-purpose financing only

Our Services are intended exclusively for business, commercial, and investment purposes. We do not arrange loans primarily for personal, family, or household use. By applying, you represent that the financing you request is for business purposes.

3. Eligibility

  • You are at least 18 years of age and able to form a binding contract.
  • You are authorized to act on behalf of the business entity named in any application.
  • All information you provide is true, accurate, and complete to the best of your knowledge.

4. Applications and credit authorization

By submitting an application you authorize Encore and its lending partners to obtain consumer and commercial credit reports, verify bank and financial information, and share your application package with prospective lenders and investors for the purpose of arranging financing. Submitting an application is a request for financing — it is not an offer, approval, or commitment to lend.

5. No guarantee of approval or terms

Any rates, terms, amounts, or timelines displayed on the Services (including calculators, pre-qualifications, the loan product recommender, and marketing materials) are illustrative estimates only. Actual terms are set by the funding lender, vary by program and applicant profile, and are subject to full underwriting. Approvals "in as soon as 2 hours" and similar statements describe best-case outcomes, not guarantees.

6. Fees and compensation

Encore may be compensated by lenders, by borrowers, or both, in connection with arranged financing. Any fee payable by you will be disclosed to you in writing before you become obligated to pay it. Broker and referral compensation arrangements are documented in separate written agreements.

7. Electronic signatures and records (E-SIGN consent)

By using the Services you consent to transact electronically, to sign documents electronically, and to receive disclosures, agreements, and notices electronically. Electronic signatures captured through our portal carry the same legal effect as handwritten signatures. You may request paper copies or withdraw this consent by contacting us, which may delay or prevent processing of your request.

8. Communications consent

By providing your contact details you agree that Encore and its representatives may contact you by phone, email, and SMS/text message regarding your application and our services, including through automated systems. Message and data rates may apply. You can opt out of marketing emails via the unsubscribe link and of SMS by replying STOP.

9. Acceptable use

  • Do not submit false, misleading, or fraudulent information or documents.
  • Do not access accounts, data, or portal areas you are not authorized to use.
  • Do not interfere with, probe, or disrupt the Services or their security features.
  • Do not copy, scrape, or reuse content from the Services for competing purposes.

10. Investor marketplace

Deal summaries, commitments, and offers displayed in the investor marketplace are confidential, provided for evaluation only, and are not offers to sell securities. Participation is subject to separate written agreements. Figures such as NOI, cap rate, and DSCR are provided by sponsors or borrowers and are not independently verified by Encore unless expressly stated.

11. Intellectual property

The Services, including all content, branding, software, and design, are owned by Encore Commercial Capital Corporation or its licensors and are protected by law. You receive a limited, revocable, non-transferable license to use the Services for their intended purpose.

12. Disclaimers and limitation of liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENCORE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICES. NOTHING ON THE SERVICES CONSTITUTES LEGAL, TAX, ACCOUNTING, OR INVESTMENT ADVICE.

13. Indemnification

You agree to indemnify and hold harmless Encore Commercial Capital Corporation and its officers, employees, brokers, and partners from claims arising out of your breach of these Terms or your misuse of the Services.

14. Governing law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Venue for any dispute lies in the state or federal courts located in Guilford County, North Carolina.

15. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date above reflects the current version. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

Questions?

Contact Encore Commercial Capital Corporation, Greensboro, North Carolina — call (888) 550-9339 or use our contact page.