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Mortgage Broker Agreement

Mortgage Broker Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Mortgage Broker Agreement

"I need a Mortgage Broker Agreement for our Dubai-based company that includes both conventional and Islamic mortgage broking services, with specific provisions for digital platform usage and online application processing."

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Document background
The Mortgage Broker Agreement is essential for establishing a formal relationship between licensed mortgage brokers and their clients in the UAE. This document is required when a client engages a mortgage broker to assist in securing mortgage financing, whether for residential or commercial properties. The agreement must comply with UAE Central Bank regulations, federal laws governing financial services, and real estate transactions. It includes detailed provisions on service scope, fees, regulatory compliance, and obligations of both parties. The document is particularly important in the UAE market where mortgage transactions often involve both conventional and Islamic financing options, and where strict regulatory oversight requires clear documentation of the broker-client relationship. The agreement serves as a critical risk management tool while ensuring transparency and regulatory compliance in mortgage broking services.
Suggested Sections

1. Parties: Identification of the mortgage broker and the client, including full legal names, licenses, and registration details

2. Background: Context of the agreement, including the broker's authority to act and relevant regulatory compliance statements

3. Definitions: Key terms used throughout the agreement, including regulatory and industry-specific terminology

4. Scope of Services: Detailed description of mortgage broking services to be provided, including loan sourcing, application processing, and advisory services

5. Broker's Obligations: Core responsibilities including due diligence, disclosure requirements, and compliance with UAE regulations

6. Client's Obligations: Client's responsibilities including information provision, cooperation, and payment obligations

7. Fees and Commission: Detailed fee structure, payment terms, and commission arrangements

8. Confidentiality: Obligations regarding client information protection and data privacy compliance

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Regulatory Compliance: Compliance with UAE Central Bank regulations and other applicable laws

11. Liability and Indemnification: Extent of broker's liability and mutual indemnification provisions

12. Governing Law and Jurisdiction: Specification of UAE law application and jurisdiction for disputes

Optional Sections

1. Sharia Compliance: Required when dealing with Islamic mortgage products, outlining compliance with Islamic finance principles

2. Sub-Brokers: Include when the broker may engage sub-brokers or agents

3. Insurance Services: Required when the broker also provides mortgage-related insurance services

4. Online Services: Include when providing digital platforms or online services for mortgage applications

5. International Transactions: Required for cross-border mortgage arrangements or international clients

6. Property Valuation Services: Include when the broker provides or arranges property valuation services

7. Marketing Authorization: Required when the broker will market client properties or mortgage products

Suggested Schedules

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

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

3. Schedule 3 - Required Documentation: List of documents required from clients for mortgage applications

4. Schedule 4 - Regulatory Licenses: Copies of broker's licenses and regulatory authorizations

5. Schedule 5 - Privacy Policy: Detailed data protection and privacy procedures

6. Appendix A - Power of Attorney: Standard power of attorney form for broker authorization

7. Appendix B - Complaint Procedures: Detailed process for handling client complaints as per UAE regulations

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Broker Fee
Business Day
CBUAE
Client
Confidential Information
Effective Date
Electronic Services
Event of Default
Financial Institution
Force Majeure
Intellectual Property Rights
Islamic Finance Products
Lender
License
Loan Application
Mortgage
Mortgage Broker Services
Mortgage Products
Personal Data
Power of Attorney
Property
Regulatory Authority
RERA
Representatives
Schedule of Fees
Security Interest
Service Level Requirements
Sharia Board
Sharia Compliant
Sub-Broker
Term
Territory
UAE Central Bank Regulations
UAE Dirham or AED
Working Hours
Relevant Industries

Financial Services

Real Estate

Banking

Insurance

Islamic Finance

Property Development

Professional Services

Financial Technology

Relevant Teams

Legal

Compliance

Risk Management

Finance

Operations

Sales

Business Development

Islamic Banking

Property Finance

Client Relations

Regulatory Affairs

Relevant Roles

Mortgage Broker

Financial Services Manager

Compliance Officer

Legal Counsel

Risk Manager

Real Estate Finance Manager

Property Finance Consultant

Islamic Finance Specialist

Relationship Manager

Operations Manager

Sales Director

Chief Financial Officer

Business Development Manager

Regulatory Affairs Director

Industries
UAE Federal Law No. 14 of 2018: The UAE Central Bank Law which provides the regulatory framework for financial institutions, including mortgage brokers, and establishes licensing requirements
UAE Federal Law No. 8 of 2004: Financial Free Zones Law that may affect mortgage broking activities in free zones such as DIFC
UAE Federal Law No. 5 of 1985: Civil Transactions Law (Civil Code) which governs contractual relationships and obligations between parties
UAE Federal Law No. 18 of 2017: Regulates payment systems and electronic payment operations which may be relevant for mortgage broker transactions
CBUAE Notice No. 4006/2020: Regulations regarding mortgage loans and other financial products related to real estate financing
UAE Federal Law No. 19 of 2020: Anti-Money Laundering Law that mortgage brokers must comply with in their operations
UAE Federal Law No. 15 of 2020: Consumer Protection Law which ensures fair treatment and transparency in financial services
CBUAE Circular No. 8/2020: Regulations specific to real estate financing and mortgage brokerage activities
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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