Mortgage Broker Referral Agreement for Canada

Mortgage Broker Referral Agreement Template for Canada

A comprehensive agreement governed by Canadian federal and provincial laws that establishes a formal referral relationship between parties for mortgage brokerage services. The document outlines the terms and conditions for client referrals, compensation structure, compliance requirements with provincial mortgage broker regulations, privacy obligations under PIPEDA, and risk management provisions. It includes specific provisions for licensing requirements, client data protection, referral process workflows, and commission structures while ensuring compliance with provincial mortgage brokerage laws and federal financial services regulations.

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What is a Mortgage Broker Referral Agreement?

The Mortgage Broker Referral Agreement is essential for businesses operating in the Canadian financial services sector who wish to establish formal referral relationships for mortgage brokerage services. This document is particularly crucial given the regulated nature of mortgage brokerage activities in Canada, where both federal and provincial laws govern different aspects of the business. The agreement addresses key regulatory requirements including licensing, privacy protection under PIPEDA, and provincial mortgage broker regulations. It establishes clear protocols for client referrals, data handling, compensation structures, and compliance obligations. This document is commonly used when financial institutions, real estate agencies, or other professional services firms want to create a compliant and structured referral relationship with licensed mortgage brokers, ensuring all parties understand their obligations and responsibilities under applicable Canadian law.

What sections should be included in a Mortgage Broker Referral Agreement?

1. Parties: Identification of the referring party and the mortgage broker, including licensing details and contact information

2. Background: Context of the agreement, business relationship, and purpose of the referral arrangement

3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Qualified Lead', 'Commission', etc.

4. Scope of Services: Details of the referral arrangement, including what constitutes a valid referral and the referral process

5. Regulatory Compliance: Obligations regarding compliance with applicable mortgage broker regulations and licensing requirements

6. Referral Process: Step-by-step process for making and accepting referrals, including communication protocols

7. Compensation Terms: Structure and timing of referral fees, payment terms, and conditions for fee eligibility

8. Privacy and Data Protection: Requirements for handling client information and compliance with privacy laws

9. Representations and Warranties: Statements regarding licensing, authority to enter agreement, and compliance capabilities

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

11. Confidentiality: Protection of confidential information shared between parties

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. General Provisions: Standard clauses including governing law, notices, amendment process, and assignment rights

What sections are optional to include in a Mortgage Broker Referral Agreement?

1. Non-Solicitation: Restrictions on soliciting clients or employees, used when parties want to protect their business interests

2. Marketing and Branding: Guidelines for using each other's brands and marketing materials, included when joint marketing is planned

3. Training Requirements: Specific training obligations for referral staff, included when referrer needs product knowledge

4. Performance Metrics: Specific targets and performance requirements, used in volume-based arrangements

5. Dispute Resolution: Detailed process for resolving disputes, included when parties want to specify mediation or arbitration

6. Insurance Requirements: Specific insurance coverage requirements, included for higher-risk arrangements

7. Territory Restrictions: Geographic limitations on referral activities, used when territorial exclusivity is granted

What schedules should be included in a Mortgage Broker Referral Agreement?

1. Schedule A - Compensation Structure: Detailed breakdown of referral fees, commission tiers, and payment calculations

2. Schedule B - Referral Process Flow: Detailed workflow diagram and procedures for making and processing referrals

3. Schedule C - Required Documentation: List of documents and forms required for valid referrals

4. Schedule D - Privacy and Data Protection Procedures: Detailed protocols for handling client information

5. Schedule E - Compliance Requirements: Checklist of regulatory requirements and compliance procedures

6. Appendix 1 - Referral Form Template: Standard form for submitting referral information

7. Appendix 2 - Service Level Standards: Specific timeframes and quality standards for handling referrals

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
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Real Estate

Banking

Mortgage Industry

Insurance

Wealth Management

Property Management

Professional Services

Financial Technology

Relevant Teams

Legal

Compliance

Risk Management

Business Development

Operations

Sales

Partnership Management

Commercial Banking

Retail Banking

Wealth Management

Corporate Development

Product Management

Relevant Roles

Mortgage Broker

Compliance Officer

Legal Counsel

Business Development Manager

Partnership Manager

Risk Manager

Financial Advisor

Real Estate Agent

Branch Manager

Operations Manager

Chief Compliance Officer

Relationship Manager

Sales Director

Commercial Banking Manager

Wealth Management Advisor

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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