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The Commercial Mortgage Broker Fee Agreement is a critical document used in the Indian commercial real estate financing sector when engaging professional brokers to secure mortgage funding. This agreement becomes necessary when property owners or businesses seek expert assistance in obtaining commercial mortgage financing and want to formalize the terms of the broker's engagement. The document comprehensively covers the scope of services, fee structures, success criteria, and regulatory compliance requirements under Indian law, including RERA and banking regulations. It's particularly important in the Indian context where commercial property financing often involves complex regulatory requirements and multiple stakeholders. The agreement protects both parties' interests by clearly defining responsibilities, payment terms, and service expectations while ensuring compliance with local legal requirements for contract formation and enforcement.

1. Parties: Identification of the mortgage broker and the client with complete details as required by KYC norms

2. Background: Context of the agreement, including the client's intention to obtain mortgage financing and the broker's role

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

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

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

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

7. Fee Structure: Detailed breakdown of all fees, including success fees, retainer fees if any, and payment terms

8. Payment Terms: Timing and method of payment, including conditions for fee becoming due

9. Confidentiality: Obligations regarding confidential information shared during the engagement

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority

12. Indemnification: Mutual indemnification provisions for breach of obligations

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

14. Dispute Resolution: Process for resolving disputes, including mediation or arbitration procedures