Not making a lot of sense, here, Mags.
Lets think-experiment. Say we have a mortgage agent, a “salesman”, just as you say, give him the name S. Nidely Whiplash, MBA. Presumably, Mr Whiplash has some passing familiarity with mortgages, as mortgage institutions do not commonly recruit from Starbucks baristas and bicycle messengers. He has at least a passing familiarity with what your banker thinks of as “the miracle of compounded interest”. Even if we don’t saddle him with an epithet like “mortgage expert” in a transparent ploy to slander doctors, he clearly must have some expertise.
In walks Ms R. Riding-Hood (known as Lil to her friends). Her first anxiety is not that she will get a mortgage, but that she will not, she is “leaning forward” in the ensuing collaboration. She doesn’t know ARM from term from fixed from hole in the ground.
Are you seriously suggesting that they are on an even playing field, relative to each other? And that each of them has an equal responsibility for the outcome of their negotiation? Clearly, they do not, one of them knows, the other does not, there is nothing “equal” about that. Now, we might quibble over precise quantification, is Whiplash 95% responsible, 90%, more, less…? But by no stretch of the imagination are they equally responsible.
And, of course, there is the dull truth that one of them is going to cash a nice check from all of this, and the other will be saddled with a crushing burden. Hardly an equitible outcome, I hope you will agree.
And while you seek to magnify and exaggerate what meagre responsibility Ms. Riding-Hood may deserve, you repeatedly assure us that Mr Whiplash has done nothing illegal, you throw down the gauntlet to prove that he did, as though this had any real bearing on the matter at hand. It does not.
If Mr. Whiplash steered the unfortunate Ms Riding-Hood into a mortgage doomed to fail, then he is either a blithering incompetent or he is a thief. The legality of his actions reflects badly on our legal system, but doesn’t decrease his culpability in the slightest.
There are many, many things one ought not to do that are entirely legal. I trust this is not news to you.