Mortgage Broker Contract Template for Saudi Arabia

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Key Requirements PROMPT example:

Mortgage Broker Contract

"I need a Mortgage Broker Contract for my Saudi-based brokerage firm that specializes in high-net-worth individuals, with enhanced confidentiality provisions and specific clauses for handling multiple concurrent property transactions for the same client."

Document background
The Mortgage Broker Contract is essential for formalizing the relationship between licensed mortgage brokers and clients seeking Shariah-compliant property financing in Saudi Arabia. This document is required when a client engages a broker to facilitate mortgage arrangements and should be used in compliance with the Real Estate Finance Law and SAMA regulations. The contract covers crucial aspects including service scope, fee structures, compliance requirements, and professional obligations. It's particularly relevant in the context of Saudi Vision 2030's focus on increasing home ownership and developing the real estate financing sector. The agreement ensures adherence to Islamic finance principles while protecting both parties' interests under Saudi Arabian law.
Suggested Sections

1. Parties: Identification of the Mortgage Broker and the Client, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including broker's licensing status and general purpose of the arrangement

3. Definitions: Key terms used throughout the agreement, including specific Islamic finance terminology

4. Appointment and Scope of Services: Formal appointment of the broker and detailed description of services to be provided

5. Shariah Compliance: Specific provisions ensuring compliance with Islamic finance principles

6. Broker's Obligations: Detailed responsibilities including due diligence, documentation, and communication requirements

7. Client's Obligations: Client's responsibilities including information provision and cooperation

8. Fees and Payment Terms: Structure of broker's compensation, payment terms, and compliance with Shariah principles

9. Representations and Warranties: Standard declarations by both parties regarding capacity, authority, and compliance

10. Confidentiality: Provisions for handling confidential information and personal data

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

12. Liability and Indemnification: Limitations of liability and indemnification provisions

13. Governing Law and Jurisdiction: Application of Saudi law and dispute resolution mechanisms

Optional Sections

1. Non-Compete Clause: Restrictions on client engagement with other brokers, used when exclusive arrangement is desired

2. Force Majeure: Provisions for unforeseen circumstances, included in more comprehensive agreements

3. Assignment: Rights and restrictions regarding transfer of rights under the agreement, used in larger commercial arrangements

4. Insurance: Requirements for professional indemnity insurance, included for high-value transactions

5. Anti-Money Laundering Compliance: Detailed AML procedures, included for high-risk clients or transactions

6. Marketing and Referrals: Terms for marketing and referral arrangements, used when broader business relationship is contemplated

Suggested Schedules

1. Schedule 1: Service Description: Detailed breakdown of mortgage broker services and deliverables

2. Schedule 2: Fee Structure: Detailed breakdown of fees, commissions, and payment terms

3. Schedule 3: Required Documentation: List of documents required from client for mortgage application

4. Schedule 4: Compliance Checklist: SAMA and Shariah compliance requirements checklist

5. Appendix A: Power of Attorney: Standard form of power of attorney for broker to act on client's behalf

6. Appendix B: Privacy Policy: Detailed data protection and privacy procedures

7. Appendix C: Broker Credentials: Copies of broker's licenses and certifications

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

Islamic Banking

Property Development

Professional Services

Banking

Construction

Housing Finance

Commercial Real Estate

Relevant Teams

Legal

Compliance

Real Estate Finance

Islamic Banking

Risk Management

Client Relations

Operations

Documentation

Property Finance

Shariah Advisory

Relevant Roles

Mortgage Broker

Financial Advisor

Real Estate Finance Manager

Compliance Officer

Legal Counsel

Islamic Finance Specialist

Property Finance Consultant

Risk Manager

Client Relationship Manager

Real Estate Finance Director

Shariah Compliance Officer

Contract Manager

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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