Lender Partner Agreement

What Broker does

Broker represents borrowers seeking commercial and business-purpose real estate debt. Broker files each lender by what they actually lend on — asset class, ticket size, states — and presents a borrower’s request only to the lenders it fits.

Broker’s desk holds 3,862 lenders across 11 categories. Under this agreement, requests matching the box Lender describes below reach Lender in the first tranche, ahead of the wider list. That priority is the whole of what Lender receives, and it is given for as long as this agreement stands.

If Lender does not sign, nothing is taken away. Lender stays on the desk and continues to receive borrower requests as before, on the same terms and at no cost. The single difference is the first tranche: unsigned lenders are written to with the wider list, not ahead of it.

What Lender pays, and when

Nothing is owed on a deal that does not fund. Nothing is owed while a deal is being worked. Nothing is owed on a borrower who reached Lender some other way and whom Broker did not introduce. There is no retainer, no subscription, no listing fee, and no charge of any kind for receiving deals.

The fee is calculated on the gross principal that funds, is payable from closing proceeds, and may be shown on the settlement statement as a fee of Lender.

Which borrowers count

A borrower is introduced when Broker first sends Lender that borrower’s request carrying Broker’s file reference. The fee is due if a loan to that borrower, or to an affiliate or successor of that borrower on the same property, closes with Lender while this agreement is in force or within twelve (12) months after it ends.

Broker keeps the file reference, the date and the content of every introduction, and will produce them on request. Where Lender says a borrower was already in its pipeline, Lender says so in writing within ten (10) days of the introduction and no fee is due on that borrower.

Disclosure to the borrower

Broker discloses to every borrower, in writing and before that borrower signs any term sheet or loan commitment, that a lender may pay Broker a placement fee and what that fee is. The borrower’s own fee to Broker does not change either way.

Because Broker may be paid by both sides, Broker is not the exclusive agent of either and does not act as fiduciary for either in negotiating terms. Lender agrees this disclosure is made on its behalf as well.

What Broker is not

• Broker introduces. Broker does not lend, does not hold funds, and takes no interest, participation or servicing right in any loan.
• Broker does not underwrite for Lender. Every figure Broker passes on is the borrower’s own, presented as received. Lender’s due diligence is Lender’s, exactly as on a deal reaching it any other way.
• Broker does not guarantee the borrower — not their conduct, not their solvency, not the accuracy of what they tell us, and not that any deal closes.
• Broker takes no part in the terms Lender and borrower agree, and is not a party to the loan.
• Neither side owes the other a volume, an exclusivity, or any particular deal. Lender is free to decline anything, for any reason or none.

What Lender confirms

Lender confirms that it is authorised to make the loans it describes below and holds whatever license or exemption its states require; that it lends for business and investment purposes and not on one-to-four unit dwellings occupied by the borrower as a residence; and that the person signing below is authorised to bind the institution named.

Term, and how it ends

This agreement starts on the date of signature and continues until either side ends it on ten (10) days’ written notice, which costs nothing and needs no reason. Borrowers already introduced settle on the terms above.

Ending this agreement does not remove Lender from Broker’s list, and staying on that list remains free. Lender may leave the list entirely at any time by replying STOP to any message or writing to the address below.

Confidence, and the law that governs this

Each side keeps the other’s borrower information, pricing and deal terms confidential, and uses them only to consider and close the loan in question.

This agreement is governed by the laws of the State of Texas. It is the entire agreement between the parties on this subject and replaces anything said before it. Signing electronically by typing a name below has the same effect as signing on paper.