Loan Consultant Fee Agreement for the United States

Loan Consultant Fee Agreement Template for United States

A Loan Consultant Fee Agreement is a legally binding document used in the United States that establishes the terms and conditions under which a loan consultant provides services to clients seeking loan assistance. This agreement outlines the scope of services, fee structure, payment terms, and professional obligations while ensuring compliance with federal regulations such as TILA, RESPA, and state-specific lending laws. It includes necessary consumer protection provisions and disclosure requirements mandated by U.S. federal and state legislation.

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What is a Loan Consultant Fee Agreement?

The Loan Consultant Fee Agreement serves as a crucial document in the U.S. financial services industry, protecting both consultants and clients by clearly defining the professional relationship and compensation structure. This agreement becomes necessary when individuals or businesses seek professional assistance in obtaining loans or understanding financing options. It must comply with various federal regulations including the Truth in Lending Act and state-specific requirements. The document typically includes detailed fee structures, service scope, regulatory disclosures, and professional obligations while maintaining transparency in accordance with U.S. consumer protection laws.

What sections should be included in a Loan Consultant Fee Agreement?

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

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided

5. Fee Structure: Detailed breakdown of fees, payment terms, and conditions

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

7. Representations and Warranties: Legal statements about qualifications, licenses, and compliance

8. Confidentiality: Protection of sensitive information shared during engagement

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

1. Non-Compete: Restrictions on competitive activities when protecting business interests from competition

2. Insurance: Requirements for professional liability insurance when dealing with high-value transactions

3. Referral Arrangements: Terms for referral relationships and network provisions

What schedules should be included in a Loan Consultant Fee Agreement?

1. Fee Schedule: Detailed breakdown of all applicable fees and charges

2. Service Level Agreement: Specific performance metrics and service standards

3. Required Disclosures: State and federal required disclosures and notices

4. License Documentation: Copies of relevant 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 requiring transparent disclosure of credit terms and standardized calculation of borrowing costs. Essential for fee disclosure sections in loan consultant agreements.

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes and prohibiting kickbacks. Critical for defining permissible fee structures and referral relationships.

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in credit transactions. Must be considered in service provision and client acceptance policies.

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

Dodd-Frank Wall Street Reform: Comprehensive financial reform law affecting loan originator compensation and consulting practices. Sets standards for fee structures and disclosures.

SAFE Act: Federal law establishing minimum standards for mortgage loan originators, including licensing and registration requirements.

State Usury Laws: State-specific laws limiting maximum interest rates and fees that can be charged. Varies by jurisdiction.

State Licensing Requirements: State-specific regulations governing required licenses and permits for loan consultants and brokers.

State Consumer Protection Laws: State-specific laws protecting consumers from unfair practices in financial services. Must be reflected in agreement terms.

CFPB Regulations: Federal regulatory guidelines from the Consumer Financial Protection Bureau governing consumer financial products and services.

FTC Guidelines: Federal Trade Commission guidelines on fair business practices and consumer protection in financial services.

NAMB Standards: Professional standards set by the National Association of Mortgage Brokers for ethical conduct and best practices.

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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