The Loan Broker Agreement serves as the foundation for the professional relationship between loan brokers and their clients in the United States. This document is essential when a client seeks assistance in securing financing through a broker's services. The agreement addresses crucial aspects including the scope of services, compensation structure, regulatory compliance, and risk allocation. It must comply with federal regulations such as TILA and RESPA, as well as state-specific requirements for loan brokerage services. The agreement is particularly important in protecting both parties' interests and ensuring clear understanding of responsibilities and expectations in the loan procurement process.
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1. Parties: Identification of the broker and the client
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including regulatory definitions
4. Scope of Services: Detailed description of broker's services and obligations under relevant regulations
5. Compensation: Fee structure and payment terms in compliance with federal and state regulations
6. Term and Termination: Duration of agreement and termination conditions
7. Representations and Warranties: Statements of fact and promises by both parties, including regulatory compliance warranties
8. Confidentiality: Protection of sensitive information and compliance with privacy laws
9. Regulatory Compliance: Specific obligations under TILA, RESPA, ECOA, FCRA, and SAFE Act
10. General Provisions: Standard legal provisions including governing law and jurisdiction
1. Exclusivity: Terms of exclusive arrangement between broker and client
2. Territory: Geographic scope of services and applicable state-specific requirements
3. Insurance Requirements: Required insurance coverage and minimum amounts
4. State-Specific Provisions: Additional provisions required by specific state laws
5. Sub-broker Relationships: Terms governing relationships with additional brokers or agents
1. Schedule A - Fee Schedule: Detailed breakdown of fees and commission structures
2. Schedule B - Service Level Agreement: Specific performance metrics and service standards
3. Schedule C - Required Licenses: List of necessary licenses and certifications by jurisdiction
4. Schedule D - Compliance Procedures: Detailed compliance requirements and procedures
5. Schedule E - Required Disclosures: Mandatory federal and state disclosures
Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
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