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Loan Broker Commission Agreement Template for United States

A legal agreement governed by U.S. federal and state laws that establishes the terms and conditions under which a loan broker will source and arrange loans for a financial institution, including commission structures, compliance requirements, and service obligations. The document addresses federal regulations such as TILA and RESPA, while incorporating state-specific licensing and usury law requirements.

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What is a Loan Broker Commission Agreement?

The Loan Broker Commission Agreement is essential for establishing clear financial and operational relationships between loan brokers and lending institutions in the United States. This document outlines commission structures, performance expectations, compliance requirements, and service obligations while ensuring adherence to federal regulations like TILA and RESPA, as well as state-specific licensing requirements. It's particularly crucial in protecting both parties' interests while maintaining regulatory compliance in the complex U.S. lending environment.

What sections should be included in a Loan Broker Commission Agreement?

1. Parties: Identification of the broker and the lender/financial institution

2. Background: Context of the agreement and broker's role in facilitating loan arrangements

3. Definitions: Key terms used throughout the agreement including 'Commission', 'Loan', 'Borrower', etc.

4. Services: Detailed description of broker's services including loan sourcing, documentation, and client management

5. Commission Structure: Calculation and payment terms for commissions, including timing and conditions

6. Term and Termination: Duration of the agreement and conditions for termination by either party

7. Compliance Requirements: Regulatory compliance obligations including licensing and reporting requirements

8. Representations and Warranties: Standard representations about capacity, authority, and compliance with laws

9. Confidentiality: Protection of confidential information and trade secrets

10. Indemnification: Mutual indemnification provisions for breach of agreement or regulatory violations

What sections are optional to include in a Loan Broker Commission Agreement?

1. Non-Compete: Restrictions on working with competitors during and after the agreement term

2. Territory Rights: Geographic limitations on broker's activities and exclusive territories if applicable

3. Training Requirements: Mandatory training programs and ongoing education requirements

4. Marketing Guidelines: Rules for advertising and promoting the lender's products

5. Performance Metrics: Specific targets and performance evaluation criteria

What schedules should be included in a Loan Broker Commission Agreement?

1. Schedule A - Commission Rate Card: Detailed breakdown of commission rates for different loan types and amounts

2. Schedule B - Compliance Checklist: List of regulatory requirements and compliance procedures

3. Schedule C - Required Licenses: List of mandatory licenses and certifications required

4. Schedule D - Reporting Templates: Standard forms for activity reporting and commission calculations

5. Schedule E - Approved Marketing Materials: Templates and guidelines for marketing communications

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

Jurisdiction

United States

Document Type

Broker Agreement

Cost

Free to use

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