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Loan Broker Fee Agreement for Canada

Loan Broker Fee Agreement Template for Canada

This document is a comprehensive agreement governing the relationship between a loan broker and their client in Canada, structured to comply with federal and provincial broker regulations. It outlines the scope of broker services, fee structures, and mutual obligations while incorporating necessary regulatory compliance elements including privacy protection under PIPEDA and provincial mortgage broker regulations. The agreement includes essential provisions for consumer protection, disclosure requirements, and professional standards applicable to Canadian financial service providers.

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What is a Loan Broker Fee Agreement?

The Loan Broker Fee Agreement is a crucial document used in Canadian financial services to establish a formal relationship between a loan broker and a client seeking financing assistance. This agreement is essential when a broker provides services such as sourcing loans, negotiating terms, or assisting with loan applications, whether for mortgages, business loans, or other financing types. The document must comply with various Canadian regulatory frameworks, including provincial mortgage broker acts, federal privacy laws (PIPEDA), and consumer protection legislation. It typically includes detailed fee structures, service scope, obligations of both parties, and mandatory disclosures required by Canadian authorities. The agreement serves as both a legal protection and a clear communication tool, ensuring transparency in the broker-client relationship while meeting regulatory requirements.

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

1. Parties: Identification of the loan broker and the client, including full legal names, addresses, and any registration/license numbers

2. Background: Context of the agreement, including the client's desire to obtain financing and the broker's services offered

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Success Fee', 'Loan Amount', etc.

4. Scope of Services: Detailed description of the broker's services, including loan sourcing, application assistance, and negotiations

5. Broker's Obligations: Specific duties and responsibilities of the broker, including regulatory compliance and professional standards

6. Client's Obligations: Client's responsibilities, including providing accurate information and cooperation

7. Fees and Payment Terms: Structure and timing of broker fees, including success fees, retainers, and payment conditions

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Confidentiality: Protection of confidential information exchanged during the engagement

10. Representations and Warranties: Statements of fact and assurances from both parties

11. Limitation of Liability: Limits on the broker's liability and disclaimers

12. General Provisions: Standard legal provisions including governing law, amendments, and notices

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

1. Exclusivity: Used when the broker requires exclusive rights to source financing for the client

2. Multiple Lenders: Required when the broker may work with multiple lenders and needs to disclose relationships

3. Insurance Requirements: Added when specific insurance coverage is required for the transaction

4. Dispute Resolution: Optional section detailing mediation or arbitration procedures

5. Assignment: Include when either party may need to assign rights under the agreement

6. Survival: Specifies which provisions survive termination of the agreement

7. Force Majeure: Added for protection against unforeseen circumstances preventing performance

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

1. Schedule A - Fee Structure: Detailed breakdown of all fees, including success fees, retainers, and additional charges

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

3. Schedule C - Required Documentation: List of documents and information the client must provide

4. Appendix 1 - Regulatory Disclosures: Required disclosures under applicable mortgage broker regulations

5. Appendix 2 - Privacy Policy: Detailed privacy policy and information handling procedures

6. Appendix 3 - Broker Licenses: Copies of relevant broker licenses and registrations

Authors

Alex Denne

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

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Financial Services

Real Estate

Banking

Commercial Lending

Mortgage Services

Small Business Services

Corporate Finance

Construction

Property Development

Professional Services

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Commercial Lending

Business Development

Corporate Finance

Operations

Relevant Roles

Loan Broker

Mortgage Broker

Financial Services Manager

Chief Financial Officer

Finance Director

Legal Counsel

Compliance Officer

Business Development Manager

Commercial Finance Manager

Risk Manager

Corporate Finance Manager

Treasury Manager

Industries








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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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