The Mortgage Broker Agreement is essential for professionals providing mortgage broking services in Switzerland. This document is required when a licensed mortgage broker engages with clients seeking assistance in obtaining mortgage financing for property purchases or refinancing existing mortgages. The agreement ensures compliance with Swiss financial regulations, particularly the Federal Act on Financial Services (FinSA) and the Federal Act on Financial Institutions (FinIA), while clearly defining the scope of services, responsibilities, and compensation structure. It includes crucial provisions for client protection, regulatory compliance, and professional liability, making it suitable for both residential and commercial property transactions in the Swiss market.
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1. Parties: Identification of the mortgage broker and the client, including full legal names, addresses, and registration/license numbers
2. Background: Context of the agreement, including the broker's authority to act and regulatory status
3. Definitions: Key terms used throughout the agreement, including regulatory terminology
4. Scope of Services: Detailed description of mortgage broking services to be provided, including market analysis and lender negotiations
5. Broker's Obligations: Professional duties, including due diligence, disclosure requirements, and compliance with FinSA/FinIA
6. Client's Obligations: Requirements for providing accurate information, documentation, and cooperation
7. Fees and Commission: Structure of broker's compensation, including any lender commissions and disclosure requirements
8. Confidentiality: Obligations regarding client data protection and professional secrecy
9. Compliance and AML: Anti-money laundering obligations and regulatory compliance requirements
10. Term and Termination: Duration of agreement and circumstances for termination
11. Liability and Indemnification: Extent of broker's liability and professional indemnity provisions
12. General Provisions: Standard clauses including notices, amendments, and governing law
1. Multiple Property Services: Additional terms for clients seeking mortgages for multiple properties
2. Special Service Arrangements: Terms for additional services beyond standard mortgage broking
3. International Transactions: Special provisions for cross-border mortgage arrangements
4. Third-Party Services: Terms regarding cooperation with other service providers
5. Post-Completion Services: Terms for ongoing support after mortgage completion
6. Client Classification: Specific terms based on client classification under FinSA (private, professional, institutional)
1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, commissions, and payment terms
2. Schedule 2 - Services Description: Comprehensive list of included and excluded services
3. Schedule 3 - Required Documentation: List of documents required from client for mortgage application
4. Schedule 4 - Regulatory Disclosures: Mandatory disclosures required under Swiss financial regulations
5. Schedule 5 - Privacy Notice: Detailed information about data protection and processing
6. Appendix A - Broker's Licenses: Copies of relevant regulatory licenses and registrations
7. Appendix B - Service Level Standards: Performance standards and response time commitments
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