Mortgage Broker Agreement Template for Switzerland

A Mortgage Broker Agreement is a crucial legal contract that governs the professional relationship between a licensed mortgage broker and clients seeking mortgage financing services in Switzerland. This document establishes the terms under which the broker will provide advisory services, negotiate with lenders, and facilitate mortgage transactions while ensuring compliance with Swiss financial regulations.

When do you need this document?

You need this agreement whenever you engage a licensed mortgage broker to assist with property financing in Switzerland. This includes situations where you're purchasing residential or commercial property, refinancing existing mortgages, or seeking investment property financing. The document is essential for real estate agencies that offer mortgage broking services, property developers working with financing partners, and financial institutions collaborating with independent brokers. Corporate clients requiring complex financing structures also rely on this agreement to formalize professional relationships with mortgage specialists.

Key legal considerations

The agreement must clearly define the scope of services, including market analysis, lender negotiations, and documentation assistance. Compensation structures require careful attention, particularly regarding fee transparency and disclosure obligations under Swiss law. Professional liability provisions protect both parties by establishing the broker's duty of care and limitation of liability. Client confidentiality clauses ensure sensitive financial information remains protected throughout the process. The contract should specify termination conditions, including circumstances under which either party may end the relationship and any ongoing obligations post-termination.

Legal requirements in Switzerland

Under the Federal Act on Financial Services (FinSA), mortgage brokers must provide clients with comprehensive information about services, costs, and potential conflicts of interest. The Federal Act on Financial Institutions (FinIA) requires proper licensing and adherence to organizational standards. Your agreement must incorporate due diligence obligations under the Federal Act on Combating Money Laundering and Terrorist Financing (AMLA), including client identification and record-keeping requirements. The Swiss Code of Obligations governs contract formation and performance standards, requiring clear terms regarding service delivery and payment obligations. Professional conduct standards mandated by FINMA must be reflected in the broker's obligations section of your agreement.