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Loan Broker Fee Agreement for the United States

Loan Broker Fee Agreement Template for United States

A Loan Broker Fee Agreement is a legally binding contract used in the United States that establishes the terms and conditions under which a loan broker will provide services to assist a client in obtaining financing. The agreement outlines the scope of services, fee structure, payment terms, and obligations of both parties while ensuring compliance with federal regulations such as TILA, RESPA, and state-specific lending laws. It includes necessary disclosures and protections required by U.S. federal and state legislation.

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Loan Broker Fee Agreement

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What is a Loan Broker Fee Agreement?

The Loan Broker Fee Agreement serves as a critical document in financial transactions where intermediary services are required to secure financing. This agreement is essential when a broker assists clients in obtaining loans while complying with U.S. regulatory requirements. It protects both parties by clearly defining the scope of services, compensation structure, and respective obligations. The document must adhere to various federal regulations including TILA and RESPA, as well as state-specific requirements regarding broker licensing, fee disclosure, and consumer protection.

What sections should be included in a Loan Broker Fee Agreement?

1. Parties: Identifies the loan broker and client, including full legal names and addresses

2. Background: Establishes the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the specific services the broker will provide

5. Fee Structure: Specifies broker fees, payment terms, and conditions

6. Term and Termination: Duration of the agreement and termination conditions

7. Representations and Warranties: Legal assurances from both parties

8. Confidentiality: Protection of sensitive information shared during the engagement

What sections are optional to include in a Loan Broker Fee Agreement?

1. Exclusivity: Terms of exclusive arrangement between broker and client

2. Success Fee: Additional compensation terms upon successful loan placement

3. Referral Arrangements: Terms and conditions for third-party referrals and arrangements

4. Insurance Requirements: Specific insurance coverage requirements and minimum limits

What schedules should be included in a Loan Broker Fee Agreement?

1. Fee Schedule: Detailed breakdown of all fees and charges

2. Service Level Agreement: Specific performance metrics and service standards

3. Required Disclosures: Mandatory regulatory disclosures and notices

4. Broker Credentials: Licenses, certifications, and qualifications of the broker

Authors

Alex Denne

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

Jurisdiction

United States

Document Type

Broker Agreement

Cost

Free to use
Clauses


























Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardized calculation of borrowing costs to protect consumers in credit transactions

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, requiring disclosure of settlement costs and prohibiting kickbacks in real estate transactions

Equal Credit Opportunity Act (ECOA): Prohibits discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance program participation

Fair Credit Reporting Act (FCRA): Regulates the collection, dissemination, and use of consumer credit information, ensuring fairness, accuracy, and privacy

Dodd-Frank Wall Street Reform: Comprehensive financial reform legislation that established the CFPB and implemented new consumer protection regulations in financial services

SAFE Act: Secure and Fair Enforcement for Mortgage Licensing Act establishing minimum standards for mortgage loan originators and licensing requirements

State Licensing Requirements: State-specific regulations governing the licensing and operation of loan brokers within each jurisdiction

State Usury Laws: State-specific limitations on interest rates and loan charges that can be legally assessed on loans

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Federal law including provisions for preventing, detecting, and prosecuting international money laundering and financing of terrorism

Fee Disclosure Requirements: Federal and state regulations mandating transparent disclosure of all broker fees, commissions, and charges to borrowers

NMLS Requirements: National Mortgage Licensing System standards and requirements for mortgage loan originators and brokers

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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