Mortgage Broker Contract for Canada

Mortgage Broker Contract Template for Canada

A comprehensive legal agreement governed by Canadian federal and provincial laws that establishes the professional relationship between a licensed mortgage broker or brokerage and their client. The document outlines the terms and conditions for mortgage brokerage services, including duties, responsibilities, compensation structures, and compliance requirements under relevant Canadian mortgage brokerage legislation. It incorporates specific provincial regulatory requirements while ensuring adherence to federal financial services laws, privacy regulations, and consumer protection standards.

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What is a Mortgage Broker Contract?

The Mortgage Broker Contract serves as the foundational document establishing the professional relationship between licensed mortgage brokers and their clients in Canada. This agreement is essential for compliance with federal and provincial regulatory requirements governing mortgage brokerage services. It is typically used when individuals or businesses seek mortgage financing through a broker's services, requiring clear documentation of the scope of services, compensation arrangements, and mutual obligations. The contract ensures transparency in the mortgage procurement process while protecting both parties' interests and maintaining compliance with applicable Canadian financial services regulations, including provincial mortgage broker legislation, federal privacy laws, and anti-money laundering requirements.

What sections should be included in a Mortgage Broker Contract?

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

2. Background: Context of the agreement, including the client's desire to obtain mortgage financing and the broker's professional capacity

3. Definitions: Key terms used throughout the agreement, including technical and legal terminology specific to mortgage brokerage

4. Scope of Services: Detailed description of mortgage brokerage services to be provided, including mortgage sourcing, application processing, and liaison with lenders

5. Broker's Obligations: Specific duties and responsibilities of the broker, including due diligence, disclosure requirements, and professional standards

6. Client's Obligations: Client's responsibilities, including providing accurate information, documentation, and cooperation with the mortgage application process

7. Compensation: Fee structure, commission arrangements, and payment terms, including disclosure of any fees received from lenders

8. Term and Termination: Duration of the agreement and conditions for termination by either party

9. Confidentiality: Protection of confidential information and compliance with privacy laws

10. Representations and Warranties: Statements of fact and guarantees by both parties regarding their capacity and authority

11. Liability and Indemnification: Limitations of liability and indemnification provisions for both parties

12. Governing Law: Specification of applicable Canadian provincial law and jurisdiction

What sections are optional to include in a Mortgage Broker Contract?

1. Exclusive Representation: Used when the client agrees to work exclusively with the broker for a specified period

2. Multiple Lending Options: Included when the broker will present multiple lending options and the process for selecting among them

3. Commercial Property Provisions: Additional terms specific to commercial mortgage arrangements

4. Team Services: When multiple brokers or staff members will be involved in providing services

5. Electronic Communications: Terms governing the use of electronic communications and digital signatures

6. Referral Arrangements: Disclosure of any referral relationships and associated fees

7. Post-Closing Services: Terms covering any services provided after mortgage closing

What schedules should be included in a Mortgage Broker Contract?

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

2. Schedule B - Required Documentation: List of documents required from the client for mortgage application

3. Schedule C - Privacy Policy: Detailed privacy policy and information handling procedures

4. Schedule D - Disclosure Statement: Regulatory required disclosures including relationships with lenders

5. Appendix 1 - Broker Licensing Information: Copies or details of relevant broker licenses and registrations

6. Appendix 2 - Service Level Standards: Detailed description of service standards and response times

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

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Clauses
Relevant Industries

Financial Services

Real Estate

Banking

Property Development

Commercial Property

Residential Property

Investment Property

Property Management

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Operations

Financial Services

Real Estate

Business Development

Document Management

Client Relations

Mortgage Administration

Relevant Roles

Mortgage Broker

Mortgage Agent

Financial Services Manager

Compliance Officer

Legal Counsel

Real Estate Agent

Property Manager

Financial Advisor

Lending Manager

Business Development Manager

Risk Manager

Operations Manager

Branch Manager

Commercial Mortgage Specialist

Residential Mortgage Specialist

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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