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Mortgage Broker Contract
"I need a Mortgage Broker Contract for my New Zealand-based brokerage firm that specializes in residential properties, with specific provisions for online service delivery and digital documentation, to be implemented by March 2025."
1. Parties: Identification of the mortgage broker and the client, including full legal names, addresses, and contact details
2. Background: Context of the agreement, including the broker's qualifications, registrations, and the client's intention to engage their services
3. Definitions: Key terms used throughout the agreement, including technical and financial terminology
4. Scope of Services: Detailed description of mortgage broking services to be provided, including loan sourcing, application assistance, and negotiations with lenders
5. Broker's Obligations: Key responsibilities including due diligence, disclosure requirements, and compliance with relevant legislation
6. Client's Obligations: Requirements for providing accurate information, documentation, and cooperation in the mortgage application process
7. Fees and Commissions: Structure of broker's compensation, including direct fees and any commissions from lenders
8. Disclosure of Relationships: Declaration of relationships with lenders and any potential conflicts of interest
9. Confidentiality: Obligations regarding protection of client information and compliance with Privacy Act requirements
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Liability and Indemnity: Limitations of broker's liability and circumstances where indemnification applies
12. Dispute Resolution: Process for handling disagreements and complaints, including reference to external dispute resolution scheme
13. General Provisions: Standard contract clauses including governing law, amendments, and notices
1. Additional Services: Details of any supplementary services offered beyond standard mortgage broking, such as insurance or financial planning referrals
2. Success Fee Structure: Alternative fee arrangements based on successful loan placement, used when standard commission structure doesn't apply
3. Digital Communications: Specific provisions for electronic service delivery and digital documentation, relevant for brokers operating primarily online
4. Multiple Borrower Provisions: Special terms for when multiple borrowers are involved in the same application
5. Commercial Property Provisions: Additional terms specific to commercial property mortgages, used when broker handles both residential and commercial loans
6. Referral Arrangements: Terms governing referral relationships with other professionals, used when broker has formal referral networks
1. Schedule 1: Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
2. Schedule 2: Service Level Standards: Specific timeframes and service standards for various aspects of the broker's services
3. Schedule 3: Lender Panel: List of lenders the broker works with and any special arrangements or relationships
4. Schedule 4: Required Documentation: Checklist of documents required from clients for mortgage applications
5. Appendix A: Privacy Policy: Detailed privacy policy and data handling procedures
6. Appendix B: Compliance Declarations: Statutory declarations and compliance statements required under NZ regulations
7. Appendix C: Broker Qualifications: Details of broker's licenses, registrations, and professional memberships
Authors
AML/CFT Act
Applicable Laws
Approved Lender
Borrower
Broker Commission
Broker Services
Business Day
Client
Commencement Date
Confidential Information
Credit Contract
Disclosure Statement
Dispute Resolution Scheme
Fees
Financial Advice
Financial Markets Authority
Financial Service Provider
GST
Intellectual Property
Lender
Loan Application
Mortgage
Personal Information
Privacy Policy
Professional Indemnity Insurance
Regulatory Requirements
Related Party
Security
Service Level Standards
Term
Territory
Third Party Provider
Interpretation
Definitions
Appointment
Services
Broker Obligations
Client Obligations
Fees and Commission
Payment Terms
Regulatory Compliance
Licensing
Registration
Consumer Protection
Disclosure
Privacy
Confidentiality
Data Protection
Anti-Money Laundering
Professional Standards
Lender Relations
Documentation Requirements
Service Levels
Performance Standards
Representations and Warranties
Conflict of Interest
Commission Disclosure
Term
Termination
Indemnification
Liability
Insurance
Dispute Resolution
Intellectual Property
Record Keeping
Notice
Assignment
Force Majeure
Variation
Severability
Entire Agreement
Governing Law
Jurisdiction
Financial Services
Real Estate
Banking
Consumer Finance
Professional Services
Property Development
Mortgage Industry
Financial Technology
Legal
Compliance
Operations
Finance
Risk Management
Client Services
Business Development
Credit Assessment
Document Management
Quality Assurance
Mortgage Broker
Financial Advisor
Compliance Officer
Legal Counsel
Finance Manager
Risk Manager
Operations Manager
Client Relations Manager
Credit Manager
Business Development Manager
Branch Manager
Lending Specialist
Contract Administrator
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