Mortgage Broker Contract

Mortgage Broker Contract Generator for England and Wales

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Key Requirements PROMPT example:

"I need a Mortgage Broker Contract for my new independent brokerage firm launching in March 2025, focusing on high-net-worth clients and including provisions for international property transactions and wealth management services."

Document background

A Mortgage Broker Contract is essential for establishing professional relationships in mortgage intermediary services under English and Welsh law. This document is used when a licensed mortgage broker begins working with a new client, whether individual or corporate, to secure mortgage financing. The contract ensures compliance with FCA regulations, outlines service scope, fee structures, and responsibilities of both parties. It includes crucial elements such as data protection provisions, regulatory disclosures, and complaint handling procedures, while protecting both parties' interests in accordance with UK financial services legislation.

Suggested Sections

1. Parties: Identification of the mortgage broker and client

2. Background: Context of the agreement and broker's regulatory status

3. Definitions: Key terms used throughout the agreement

4. Services: Scope of mortgage broking services to be provided

5. Fees and Charges: Broker's compensation structure and payment terms

6. Obligations of the Broker: Broker's duties, responsibilities and regulatory compliance

7. Client's Obligations: Client's responsibilities and information provision requirements

8. Confidentiality: Treatment of confidential information

9. Term and Termination: Duration and termination provisions

Optional Sections

1. Commission Disclosure: Details of lender commissions - include when receiving commission from lenders

2. Insurance Services: Additional insurance broking provisions - include when offering insurance products

3. Sub-contractors: Terms for use of sub-contractors - include when using third-party services

Suggested Schedules

1. Schedule of Services: Detailed breakdown of services offered

2. Fee Schedule: Detailed fee structure and payment terms

3. Privacy Notice: Detailed data protection provisions

4. Regulatory Disclosures: Required FCA disclosures and statements

5. Complaints Procedure: Details of complaints handling process

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services
Real Estate
Banking
Insurance

Relevant Teams

Legal
Compliance
Operations
Sales
Risk Management

Relevant Roles

Mortgage Broker
Financial Advisor
Compliance Officer
Legal Counsel
Managing Director

Industries

Financial Services and Markets Act 2000 (FSMA): Primary legislation governing financial services regulation in the UK, establishing the regulatory framework and FCA's powers

Financial Services Act 2012: Reformed the UK financial services regulatory structure, establishing the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA)

Regulated Activities Order 2001: Specifies which activities require FCA authorization, including mortgage broking activities

FCA Handbook: Comprehensive guide containing all FCA rules and guidance for regulated firms

MCOB Rules: Mortgage Conduct of Business rules - specific regulations governing mortgage activities and advice

SYSC: Senior Management Arrangements, Systems and Controls - rules regarding firm management and operational controls

PRIN: Principles for Businesses - fundamental obligations for all FCA-regulated firms

Consumer Credit Act 1974: Legislation regulating credit-related activities and protecting consumer rights in credit agreements

Consumer Rights Act 2015: Key consumer protection legislation setting out consumer rights and business obligations

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between businesses and consumers

Financial Services (Distance Marketing) Regulations 2004: Regulates the remote marketing and selling of financial services

UK General Data Protection Regulation (UK GDPR): Post-Brexit data protection legislation governing the processing of personal data

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR

Money Laundering Regulations 2017: Sets out anti-money laundering requirements for regulated firms

Proceeds of Crime Act 2002: Criminal law regarding money laundering and proceeds of crime

Common Law Contract Principles: Fundamental principles of contract law developed through case law

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, particularly regarding exclusion clauses

Misrepresentation Act 1967: Governs false or misleading statements inducing contract formation

Insurance Distribution Directive: EU-derived rules for insurance distribution, as implemented in UK law

ICOBS: Insurance Conduct of Business Sourcebook - rules governing insurance-related activities

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Authors

Alex Denne

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