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Commercial Mortgage Broker Agreement
"I need a Commercial Mortgage Broker Agreement for engaging a broker to secure Sharia-compliant financing of SAR 50 million for our new logistics center in Riyadh, with the agreement to commence in January 2025 and include exclusive representation rights."
1. Parties: Identification of the mortgage broker and the client, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including the broker's qualifications, licenses, and the client's intention to seek commercial mortgage financing
3. Definitions: Key terms used throughout the agreement, including specific Saudi Arabian regulatory and Islamic finance terminology
4. Scope of Services: Detailed description of broker's services, including mortgage sourcing, documentation assistance, and negotiation support
5. Sharia Compliance: Specific provisions ensuring all services and arrangements comply with Islamic finance principles
6. Broker's Obligations: Detailed responsibilities including due diligence, documentation, market analysis, and client communication
7. Client's Obligations: Client's responsibilities including information provision, documentation, and cooperation requirements
8. Fees and Commission: Structure and timing of broker's compensation, including success fees and any third-party costs
9. Confidentiality: Provisions for handling sensitive information and client data protection
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Regulatory Compliance: Compliance with SAMA regulations, anti-money laundering laws, and other applicable regulations
12. Representations and Warranties: Standard declarations from both parties regarding capacity, authority, and compliance
13. Limitation of Liability: Scope and limits of broker's liability in accordance with Saudi law
14. Dispute Resolution: Process for resolving disputes under Saudi Arabian law and jurisdiction
15. General Provisions: Standard clauses including notices, amendments, and entire agreement provisions
1. Exclusivity: Optional clause defining whether the broker has exclusive rights to represent the client - used when exclusive representation is agreed
2. Sub-Brokers: Provisions for engaging other brokers or intermediaries - included when sub-brokers may be needed
3. Success Criteria: Detailed metrics for determining successful completion - used in performance-based arrangements
4. Insurance Requirements: Specific insurance obligations - included for high-value transactions
5. Post-Completion Services: Additional services after securing mortgage - used when ongoing support is required
6. Marketing Authorization: Permission to market the requirement to potential lenders - used in larger commercial deals
1. Schedule 1 - Services Description: Detailed breakdown of all services to be provided by the broker
2. Schedule 2 - Fee Structure: Comprehensive fee breakdown including all possible charges and payment terms
3. Schedule 3 - Required Documentation: List of documents required from the client for mortgage application
4. Schedule 4 - Broker's Credentials: Copies of broker's licenses, registrations, and qualifications
5. Schedule 5 - Compliance Checklist: Regulatory and Sharia compliance requirements checklist
6. Appendix A - Power of Attorney: Optional authorization for broker to act on client's behalf
7. Appendix B - Service Level Agreement: Detailed performance standards and response times
Authors
Real Estate
Commercial Property
Islamic Banking & Finance
Financial Services
Commercial Property Development
Industrial Property
Retail Property
Office Property
Hospitality
Logistics & Warehousing
Legal
Finance
Real Estate
Compliance
Risk Management
Treasury
Commercial Operations
Property Development
Investment
Islamic Banking
Commercial Mortgage Broker
Real Estate Finance Manager
Islamic Finance Specialist
Commercial Property Manager
Chief Financial Officer
Finance Director
Real Estate Investment Manager
Compliance Officer
Legal Counsel
Property Development Manager
Commercial Director
Treasury Manager
Risk Manager
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