Mortgage Broker Contract Template for Switzerland

The Mortgage Broker Contract is essential for formalizing the relationship between mortgage brokers and clients seeking property financing in Switzerland. This agreement is designed to comply with Swiss financial regulations, including the Financial Services Act (FinSA), cantonal laws, and anti-money laundering requirements. The contract outlines the broker's services, such as identifying suitable mortgage products, negotiating with lenders, and supporting the application process, while clearly defining responsibilities, fee structures, and compliance obligations. It's particularly important in the Swiss context where financial services are highly regulated and require strict adherence to consumer protection and transparency requirements. The document includes necessary provisions for data protection, professional liability, and regulatory disclosures, making it suitable for both individual and corporate clients seeking mortgage broking services.

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

2. Background: Context of the agreement and brief description of the broker's services and qualifications

3. Definitions: Key terms used throughout the agreement, including regulatory terminology

4. Scope of Services: Detailed description of mortgage broking services to be provided, including specific obligations under FinSA

5. Broker's Obligations: Specific duties including due diligence, information gathering, market research, and documentation requirements

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

7. Fees and Compensation: Detailed fee structure, payment terms, and disclosure of any third-party commissions

8. Regulatory Compliance: Commitments to comply with relevant Swiss financial regulations and anti-money laundering requirements

9. Confidentiality and Data Protection: Obligations regarding handling of personal and financial information under Swiss data protection laws

10. Liability and Indemnification: Extent and limitations of broker's liability, professional indemnity provisions

11. Term and Termination: Duration of agreement, termination conditions, and notice requirements

12. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices