Commercial Loan Broker Fee Agreement for the United States

Commercial Loan Broker Fee Agreement Template for United States

A comprehensive legal agreement governed by U.S. federal and state laws that establishes the terms and conditions under which a loan broker will provide services to secure commercial financing for a client. The agreement details compensation structures, service scope, responsibilities, and protections for both parties while ensuring compliance with relevant financial services regulations and licensing requirements.

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What is a Commercial Loan Broker Fee Agreement?

The Commercial Loan Broker Fee Agreement serves as the foundational document for establishing a professional relationship between loan brokers and clients seeking commercial financing in the United States. This agreement is essential when businesses require assistance in securing commercial loans and want to formalize the arrangement with a broker, including fee structures, service expectations, and legal protections. It ensures compliance with federal and state regulations while protecting both parties' interests throughout the loan procurement process.

What sections should be included in a Commercial Loan Broker Fee Agreement?

1. Parties: Identifies the loan broker and client, including full legal names and addresses

2. Background: Explains the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the specific services the broker will provide

5. Fee Structure: Outlines broker's compensation, including success fees and retainers

6. Payment Terms: Specifies when and how payments are to be made

7. Term and Termination: Duration of agreement and conditions for termination

8. Confidentiality: Obligations regarding confidential information

9. Governing Law: Specifies applicable jurisdiction and law

What sections are optional to include in a Commercial Loan Broker Fee Agreement?

1. Exclusivity: Defines whether broker has exclusive rights to represent the client in securing the loan

2. Tail Period: Defines the period after termination during which broker remains entitled to fees for transactions with introduced parties

3. Insurance Requirements: Specifies required insurance coverage and minimum coverage amounts

4. Non-Circumvention: Prevents direct dealings between client and parties introduced by the broker

What schedules should be included in a Commercial Loan Broker Fee Agreement?

1. Fee Schedule: Detailed breakdown of all fees and commission structures

2. Services Description: Detailed description of broker's services and deliverables

3. Required Disclosures: State and federal mandatory disclosures

4. Broker Licenses: Copies of relevant broker 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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Industries

Truth in Lending Act (TILA): Federal law that requires clear disclosure of lending terms and costs to borrowers. Must be considered when structuring fee disclosures in the agreement.

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate transactions and associated loan services. Relevant if the commercial loan involves real estate collateral.

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending practices. Must be reflected in the broker's obligations and representations.

Fair Credit Reporting Act (FCRA): Federal law regulating the collection and use of consumer credit information. Relevant for credit check procedures and information handling.

Dodd-Frank Act: Comprehensive financial reform legislation affecting financial services and lending practices. Sets various requirements for broker conduct and disclosures.

State Licensing Requirements: Specific state-by-state regulations governing loan broker licensing and registration. Must be addressed in representations and warranties.

State Usury Laws: State-specific limitations on interest rates and fees. Must be considered when structuring broker compensation.

Securities Exchange Act: Federal law that may apply if the loan arrangement could be considered a security. Affects broker's scope of services and disclaimers.

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering. Impacts due diligence requirements.

NMLS Requirements: Nationwide Multistate Licensing System standards for loan originators and brokers. Must be reflected in broker qualifications and compliance provisions.

State Consumer Protection Laws: State-specific regulations protecting consumers in financial transactions. Affects disclosure requirements and prohibited practices.

State Contract Laws: General state laws governing contract formation, enforcement, and interpretation. Forms the basic legal framework for the agreement.

State Blue Sky Laws: State-specific securities regulations that may apply to certain loan arrangements. Must be considered in scope of services and compliance provisions.

USA PATRIOT Act: Federal law including provisions for preventing financing of terrorism. Affects customer verification and reporting requirements.

CFPB Regulations: Consumer Financial Protection Bureau rules governing financial services and consumer protection. Impacts various aspects of broker conduct and disclosures.

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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