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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."
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
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
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
Financial Services
Real Estate
Islamic Banking
Property Development
Professional Services
Banking
Construction
Housing Finance
Commercial Real Estate
Legal
Compliance
Real Estate Finance
Islamic Banking
Risk Management
Client Relations
Operations
Documentation
Property Finance
Shariah Advisory
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
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