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Mortgage Broker Agreement

Mortgage Broker Agreement Template for Switzerland

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Key Requirements PROMPT example:

Mortgage Broker Agreement

"I need a Mortgage Broker Agreement under Swiss law for my company that specializes in luxury residential properties, with specific provisions for international clients and enhanced due diligence procedures."

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Document background
The Mortgage Broker Agreement is essential for professionals providing mortgage broking services in Switzerland. This document is required when a licensed mortgage broker engages with clients seeking assistance in obtaining mortgage financing for property purchases or refinancing existing mortgages. The agreement ensures compliance with Swiss financial regulations, particularly the Federal Act on Financial Services (FinSA) and the Federal Act on Financial Institutions (FinIA), while clearly defining the scope of services, responsibilities, and compensation structure. It includes crucial provisions for client protection, regulatory compliance, and professional liability, making it suitable for both residential and commercial property transactions in the Swiss market.
Suggested Sections

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

2. Background: Context of the agreement, including the broker's authority to act and regulatory status

3. Definitions: Key terms used throughout the agreement, including regulatory terminology

4. Scope of Services: Detailed description of mortgage broking services to be provided, including market analysis and lender negotiations

5. Broker's Obligations: Professional duties, including due diligence, disclosure requirements, and compliance with FinSA/FinIA

6. Client's Obligations: Requirements for providing accurate information, documentation, and cooperation

7. Fees and Commission: Structure of broker's compensation, including any lender commissions and disclosure requirements

8. Confidentiality: Obligations regarding client data protection and professional secrecy

9. Compliance and AML: Anti-money laundering obligations and regulatory compliance requirements

10. Term and Termination: Duration of agreement and circumstances for termination

11. Liability and Indemnification: Extent of broker's liability and professional indemnity provisions

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

Optional Sections

1. Multiple Property Services: Additional terms for clients seeking mortgages for multiple properties

2. Special Service Arrangements: Terms for additional services beyond standard mortgage broking

3. International Transactions: Special provisions for cross-border mortgage arrangements

4. Third-Party Services: Terms regarding cooperation with other service providers

5. Post-Completion Services: Terms for ongoing support after mortgage completion

6. Client Classification: Specific terms based on client classification under FinSA (private, professional, institutional)

Suggested Schedules

1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, commissions, and payment terms

2. Schedule 2 - Services Description: Comprehensive list of included and excluded services

3. Schedule 3 - Required Documentation: List of documents required from client for mortgage application

4. Schedule 4 - Regulatory Disclosures: Mandatory disclosures required under Swiss financial regulations

5. Schedule 5 - Privacy Notice: Detailed information about data protection and processing

6. Appendix A - Broker's Licenses: Copies of relevant regulatory licenses and registrations

7. Appendix B - Service Level Standards: Performance standards and response time commitments

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions



































Clauses

































Relevant Industries

Financial Services

Real Estate

Banking

Property Development

Investment

Professional Services

Construction

Commercial Property

Relevant Teams

Legal

Compliance

Real Estate

Finance

Risk Management

Commercial Banking

Property Finance

Client Relations

Operations

Documentation

Relevant Roles

Mortgage Broker

Financial Advisor

Real Estate Agent

Compliance Officer

Legal Counsel

Property Finance Manager

Relationship Manager

Credit Officer

Financial Services Director

Risk Manager

Commercial Property 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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