The Mortgage Broker Agreement serves as the foundational document governing the relationship between mortgage brokers and their clients in the United States. This agreement is essential for compliance with federal regulations including RESPA, TILA, and the SAFE Act, as well as state-specific requirements. It outlines the broker's responsibilities in securing financing, fee structures, disclosure requirements, and service expectations. The document is particularly crucial as it provides legal protection for both parties while ensuring transparency in the mortgage brokerage process.
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1. Parties: Identification of the mortgage broker and 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
5. Compensation: Fee structure, payment terms, and commission details
6. Term and Termination: Duration of agreement and termination conditions
7. Representations and Warranties: Statements of fact and promises by both parties
8. Compliance with Laws: Commitment to comply with applicable regulations including RESPA, TILA, and SAFE Act
1. Exclusivity: Terms of exclusive relationship between broker and client
2. Marketing Services: Additional marketing services provided by broker including advertising requirements under TILA
3. Training and Support: Additional support services provided by broker
1. Fee Schedule: Detailed breakdown of all fees and charges as required by RESPA
2. Service Level Agreement: Specific performance metrics and service standards
3. Required Disclosures: State and federal required disclosure documents including TILA and RESPA disclosures
4. Licensing Documentation: Copies of relevant licenses and certifications as required by SAFE Act and state laws
Relevant legal definitions
Clauses
Relevant Industries
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