The Mortgage Broker Referral Fee Agreement is essential for establishing compliant referral relationships in the U.S. mortgage industry. This document is typically used when licensed mortgage brokers wish to formalize arrangements for referring clients to other brokers or lenders while ensuring compliance with RESPA, state licensing requirements, and federal regulations. The agreement addresses key aspects such as fee calculations, payment timing, regulatory compliance, and disclosure requirements. It's particularly important in situations where brokers need to document their compliance with anti-kickback provisions and demonstrate that fees are earned through legitimate services.
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1. Parties: Identification of the referring party and receiving party
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement including regulatory references to RESPA, TILA, and state-specific terms
4. Referral Services: Scope and nature of referral services to be provided
5. Fee Structure: Details of referral fees and payment terms in compliance with RESPA requirements
6. Compliance Requirements: RESPA and regulatory compliance obligations, including prohibited practices and required disclosures
7. Term and Termination: Duration of agreement and termination provisions
8. Representations and Warranties: Legal assurances from both parties regarding licensing, compliance, and authority
1. Non-Exclusive Arrangement: Optional clause clarifying non-exclusive nature of the referral relationship
2. Marketing Restrictions: Optional provisions governing marketing and advertising of the referral relationship
3. Data Protection: Optional provisions for handling and protecting customer data and confidential information
1. Fee Schedule: Detailed breakdown of referral fee calculations and payment structures
2. Compliance Checklist: List of regulatory requirements and compliance procedures under RESPA and state laws
3. Required Disclosures: Standard forms and disclosures required by federal and state regulations
4. Service Territory: Definition of geographic scope of referral arrangement and applicable jurisdictions
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