The Mortgage Broker Exclusivity Agreement is essential when establishing a dedicated relationship for mortgage brokerage services in the United States. This document is typically used when a client wants to work with a single broker to secure financing, ensuring focused attention and avoiding conflicts of interest. The agreement must comply with federal regulations including RESPA and TILA, as well as state-specific licensing requirements. It outlines the broker's obligations, compensation structure, exclusivity period, and termination conditions.
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1. Parties: Identification of the mortgage broker and client
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including RESPA, TILA, and state-specific terminology
4. Scope of Services: Detailed description of mortgage broker services and compliance with federal/state regulations
5. Exclusivity Terms: Terms of exclusive arrangement between parties and duration
6. Compensation: Fee structure and payment terms in compliance with RESPA requirements
7. Term and Termination: Duration of agreement and termination conditions
8. Compliance: Obligations to comply with RESPA, TILA, SAFE Act, and state-specific requirements
9. Representations and Warranties: Statements regarding licensing, compliance, and legal status
10. Governing Law: Applicable state law and federal regulations governing the agreement
1. Performance Metrics: Specific targets or KPIs, used when performance-based conditions apply
2. Territory Restrictions: Geographic limitations, used when broker services are limited to specific areas
3. Training Requirements: Specific training obligations, used when required by state law or agreement
4. Marketing Restrictions: Specific provisions regarding advertising and promotion, used when parties want to control marketing activities
1. Schedule A - Fee Schedule: Detailed breakdown of all applicable fees and charges in compliance with RESPA
2. Schedule B - Service Level Agreement: Specific performance standards and response times
3. Schedule C - Required Disclosures: State and federal mandatory disclosures including TILA and RESPA requirements
4. Schedule D - Broker Licenses: Copies of relevant licenses and certifications required under SAFE Act and state law
5. Schedule E - Compliance Checklist: Checklist of regulatory requirements and compliance obligations
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