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Commercial Mortgage Broker Agreement for the United States

Commercial Mortgage Broker Agreement Template for United States

A Commercial Mortgage Broker Agreement is a legally binding contract used in the United States that establishes the terms and conditions between a licensed mortgage broker and a client seeking commercial real estate financing. The agreement outlines the broker's services, compensation structure, responsibilities, and obligations while ensuring compliance with federal and state-specific mortgage lending regulations.

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Commercial Mortgage Broker Agreement

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What is a Commercial Mortgage Broker Agreement?

The Commercial Mortgage Broker Agreement serves as the foundational document governing the professional relationship between commercial mortgage brokers and their clients in the United States. This agreement is essential when businesses or individuals seek assistance in securing financing for commercial properties. It details the broker's obligations to source appropriate financing options, the scope of services, compensation structures, and compliance requirements with federal regulations such as RESPA and state-specific lending laws. The agreement protects both parties' interests while ensuring transparency in the commercial mortgage procurement process.

What sections should be included in a Commercial Mortgage Broker Agreement?

1. Parties: Identifies the mortgage broker and client, including full legal names and addresses

2. Background: Sets out the context of the agreement and basic premises

3. Definitions: Defines key terms used throughout the agreement including 'Services', 'Fee', 'Mortgage', and other relevant terms

4. Scope of Services: Details the specific services the broker will provide, including loan sourcing, application assistance, and coordination with lenders

5. Compensation: Outlines fee structure, payment terms, conditions, and timing of payments

6. Term and Termination: Duration of agreement and circumstances under which either party may terminate the agreement

7. Representations and Warranties: Standard assurances from both parties regarding authority, compliance with laws, and broker qualifications

8. Confidentiality: Obligations regarding confidential information shared during the engagement

9. Compliance with Laws: Commitment to comply with all applicable federal and state laws, including RESPA, TILA, and SAFE Act

10. General Provisions: Standard boilerplate provisions including notices, amendments, governing law, and dispute resolution

What sections are optional to include in a Commercial Mortgage Broker Agreement?

1. Exclusivity: Terms of exclusive arrangement between broker and client, including duration and scope of exclusivity

2. Tail Period: Post-termination compensation rights for deals initiated during the agreement term

3. Multi-State Operations: Additional provisions for cross-state operations and compliance with multiple state laws

4. Insurance Requirements: Specific insurance coverage requirements for the broker

5. Marketing and Promotion: Terms regarding how the broker may market or promote the property or client relationship

What schedules should be included in a Commercial Mortgage Broker Agreement?

1. Schedule A - Fee Schedule: Detailed breakdown of all fees, commission structures, and payment terms

2. Schedule B - Services Description: Comprehensive list of services to be provided by the broker

3. Schedule C - Required Disclosures: State and federal required disclosures and compliance documentation

4. Schedule D - Broker Licenses: Copies of relevant state licenses and certifications held by the broker

5. Schedule E - Property Information: Details of the commercial property or properties covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Broker Agreement

Cost

Free to use
Clauses






























Industries

RESPA: Real Estate Settlement Procedures Act - Federal law that requires disclosure of real estate settlement costs and prohibits kickbacks and referral fees in real estate transactions

TILA: Truth in Lending Act - Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

ECOA: Equal Credit Opportunity Act - Prohibits discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or whether applicant receives public assistance

Fair Housing Act: Federal law prohibiting discrimination in residential real estate transactions based on protected characteristics including race, color, religion, sex, national origin, disability, and familial status

Dodd-Frank Act: Comprehensive financial reform legislation that established the CFPB and implemented new mortgage lending rules and consumer protections

SAFE Act: Secure and Fair Enforcement for Mortgage Licensing Act - Establishes minimum standards for state licensing and registration of mortgage loan originators

State Licensing Requirements: State-specific requirements for mortgage broker licensing, including education, testing, and registration through NMLS

State Real Estate Laws: State-specific regulations governing real estate and mortgage broker operations, including disclosure requirements and business practices

State Usury Laws: State-specific limitations on interest rates and loan charges that can be assessed on commercial mortgages

CFPB Regulations: Consumer Financial Protection Bureau regulations governing mortgage brokers and ensuring consumer protection in financial transactions

FTC Requirements: Federal Trade Commission rules governing unfair or deceptive practices in mortgage broker business operations

NMLS Requirements: National Multistate Licensing System requirements for registration, licensing, and reporting of mortgage broker activities

NAMB Guidelines: National Association of Mortgage Brokers professional standards and best practices for commercial mortgage brokers

AML Regulations: Anti-money laundering regulations requiring due diligence and reporting of suspicious activities in real estate transactions

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive customer data

ESIGN Act: Electronic Signatures in Global and National Commerce Act - Provides legal framework for electronic signatures and records in commercial transactions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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