Mortgage Broker Contract Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Mortgage Broker Contract is a crucial document used in New Zealand's financial services industry to formalize the relationship between mortgage brokers and their clients. This agreement is essential for compliance with New Zealand's regulatory framework, including the Financial Markets Conduct Act 2013 and Financial Service Providers (Registration and Dispute Resolution) Act 2008. It should be used whenever a mortgage broker or brokerage firm engages with a new client seeking mortgage services. The contract covers key aspects such as service scope, fee structures, disclosure requirements, privacy obligations, and dispute resolution procedures. It also addresses the broker's responsibilities in dealing with lending institutions and managing client information, while ensuring transparency in all financial dealings and communications.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Real Estate

Banking

Consumer Finance

Professional Services

Property Development

Mortgage Industry

Financial Technology

Relevant Teams

Legal

Compliance

Operations

Finance

Risk Management

Client Services

Business Development

Credit Assessment

Document Management

Quality Assurance

Relevant Roles

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

Industries
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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