COMMERCIAL BROKER AGREEMENT
This Commercial Broker Agreement ("Agreement") is entered into as of June 3, 2026 by and among MCF Real Estate Capital, a direct private money lender with its principal place of business at 3 Bethesda Metro Center, Suite 700, Bethesda, MD 20814 ("Lender"), and [BROKER NAME] ("Broker"). WHEREAS, Broker is in the business of sourcing, originating and processing applications for mortgage loans secured by first liens on commercial properties and desires to submit such applications to Lender to be further processed, underwritten and approved for funding hereunder; and WHEREAS, Lender is in the business of funding commercial and multi-family loans that are acceptable to Lender, NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lender and Broker agree as follows:
1. Upon execution of this Agreement, Broker may submit or refer one or more applications to be processed, underwritten, closed and funded by Lender.
2. Compensation: For Loan Applications, Broker will charge for their borrower paid compensation to the borrower on the settlement statement at closing.
2.1. Borrower paid compensation: Broker may impose and collect fees (Broker Fees) from loan applicants for consultation and other mortgage loan-related services (Broker Services).
2.2. Lender paid compensation is Broker Compensation paid by MCF Real Estate Capital to Broker.
2.3. Irrespective of whether Broker selects borrower paid compensation or lender paid compensation, a borrower may choose a higher interest, if such higher interest rate is made available by MCF Real Estate Capital, in exchange for MCF Real Estate Capital paying a portion of third party closing costs.
2.4. Broker agrees that Broker may receive compensation from both the borrower and a party other than the borrower (including MCF Real Estate Capital) for the same Mortgage Loan.
2.5. Broker shall be solely responsible for the payment of compensation to its Mortgage Originators.
2.6. Broker shall not be entitled to any compensation from Lender for any Loan Application file, if (a) such Loan Application is rejected by Lender or the Mortgage Loan does not fund, or (b) broker received the full compensation directly from the borrower for such Mortgage Loan.
3. Broker agrees that the borrower(s) on all loans made by Lender, whether currently in Lender's portfolio or at the time of funding or closing on future loans, are or will become the customers of Lender, and Lender may solicit and/or market any products to such borrower(s) as it deems appropriate without the consent from or involvement of Broker.
4. Broker's representations, warranties, covenants and agreements set forth below shall continue and survive the closing and funding of any loan by Lender.
4.1. The Broker is, and at all material times during the transactions contemplated hereby shall be, licensed or registered under and in compliance with the laws of the state where the property securing the loan is located.
4.2. Broker has all the requisite power, and authority, corporate or otherwise, to carry on its business as it is now being conducted.
4.3. Neither the execution and delivery of this Agreement, nor the consummation of the transactions contemplated hereby, nor compliance with the terms and conditions hereunder shall conflict with, result in the breach of or constitute a default under any of the terms, conditions or provisions of Broker's organizational documents, or of any other agreement or instrument to which Broker is a party.
4.4. As of the date of this Agreement, there is no litigation, proceeding, or governmental investigation existing or pending or to the knowledge of Broker, threatened, or any order, injunction, or decree outstanding against or related to Broker that has not been disclosed by Broker to Lender in writing.
4.5. Broker agrees to provide all such documents, facts, information or other assistance as may be required or requested by Lender, including provision of direct access by Lender to any applicant, which relate to the origination, application, processing, documenting, funding, or closing of any loan referred by Broker.
4.6. All of the representations and warranties in any application or other document furnished to Lender by Broker (or at the direction of Broker) in connection with any application submitted hereunder shall be true, correct and accurate regardless of whether made by Broker or applicant.
4.7. Broker has complied with the requirements of all federal, state and local laws, rules, regulations or ordinances applicable to an application submitted to Lender hereunder.
4.8. Broker has established policies and procedures to comply with all applicable federal, state and local laws and regulations.
4.9. Broker shall maintain for the entire term of this Agreement professional liability and errors and omissions insurance in amounts appropriate for its business.
5. Broker hereby represents, warrants, covenants and agrees as follows with respect to all applications submitted to Lender hereunder:
5.1. All applications have been originated and sourced solely by Broker.
5.2. Broker shall make prompt, timely, full, accurate and truthful disclosure to Lender of all facts, information and documents known to Broker, which could reasonably be expected to affect or has affected the validity, collectability, security and/or enforceability of any loan referred by Broker.
5.3. As of the date a loan was originated, all information relating to the loan provided by Broker to Lender was complete and accurate, and contained no fraud or misrepresentation.
5.3.a. Submission of inaccurate information, including false statements on loan applications and falsification of documents purporting to substantiate credit, employment, deposit, asset information, personal information including identity, ownership/non-ownership of real property.
5.3.b. Forgery of partially or predominantly accurate information.
5.3.c. Incorrect statements regarding current occupancy or intent to maintain minimum continuing occupancy as stated in the Security Instrument.
5.3.d. Lack of due diligence by Client/loan officer/interviewer/processor, including failure to obtain all information required by the application and failure to request information as dictated by Borrower's response to other questions.
5.3.e. Unquestioned acceptance of information or documentation that is known, should be known, or should be suspected to be inaccurate.
5.3.f. Simultaneous or consecutive processing of multiple owner-occupied loans from one applicant supplying different information on each application.
5.3.g. Allowing an applicant or interested third party to assist with the processing of the loan.
5.3.h. TPO Client's non-disclosure of relevant information.
5.4. Broker shall provide to applicant all documentation and notices from Lender to applicant including, but not limited to, commitment letters, counteroffers, and denial notices.
6. Lender hereby represents, warrants, covenants and agrees as follows:
6.1. Lender has all the requisite power, and authority, corporate or otherwise, to carry on its business as it is now being conducted.
6.2. Neither the execution and delivery of this Agreement, nor the consummation of the transactions contemplated hereby, nor compliance with the terms and conditions hereunder shall conflict with, result in the breach of or constitute a default under any of the terms, conditions or provisions of Lender's organizational documents, or of any other agreement or instrument to which Lender is a party.
7. Broker agrees to indemnify and hold Lender harmless from, and will reimburse Lender for any losses, damages, deficiencies, claims, costs, charges, or expenses (including reasonable attorney's fees) incurred by or assessed against Lender arising out of or resulting from:
7.1. Any misrepresentation or untrue statement by Broker, or at the direction of Broker, to Lender, whether the information was obtained, derived or requested by Broker, applicant, borrower, a third party or affiliate of the Broker or otherwise.
7.2. Any breach of warranty or non-fulfillment of any term, condition, provision or covenant by Broker contained in this Agreement.
7.3. Any act or omission of Broker with respect to the sourcing, originating and processing of a loan.
8. It is understood and agreed that the representations, warranties, covenants and agreements set forth herein shall survive the delivery of any application to Lender and shall survive the termination of this Agreement.
9. It is expressly understood and agreed that Broker is an independent contractor with regard to the origination and processing of all applications referred to Lender.
10. This Agreement shall commence on the date executed and will continue in full force and effect until terminated.
11. The parties agree that all information provided pursuant to this Agreement by or on behalf of each party to the other party is confidential and proprietary to the party providing the information (Confidential Information) and no party shall use or permit the use of any such Confidential Information for any purpose other than as permitted or required for performance under this Agreement.
12. Broker shall maintain information security practices designed to: (i) ensure the security and confidentiality of all customer information; (ii) protect against any anticipated threats or hazards to the security or integrity of customer information; and (iii) protect against unauthorized access to or use of customer information.
13. Upon reasonable notice, Broker shall permit Lender, at any reasonable time during business hours, to examine and make audits of any processes implemented and documents kept by Broker regarding any application submitted or referred to Lender pursuant to this Agreement.
14. All notices and other communications which are required to be given under this Agreement shall be in writing addressed to Broker and Lender at the addresses below:
MCF Real Estate Capital — Lender:
3 Bethesda Metro Center, Suite 700
Bethesda, MD 20814
Phone: (800) 990-2789
Email: info@MCFmortgage.com
Broker: As provided in the registration information submitted with this Agreement.
15. In no event will any party be liable to the other party for lost profits or for special, incidental, indirect, or consequential damages arising out of or in connection with this Agreement or the subject matter hereof.
16. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, will be determined by arbitration in Bethesda, MD before one arbitrator.
17. Neither this Agreement nor any duties or obligations hereunder may be assigned by Broker without the prior written consent of Lender.
18. Lender's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of another provision with respect to the specific transaction or any other transaction between Lender and Broker under this agreement.
19. This Agreement and all questions related to its validity, interpretation, performance, or enforcement shall be governed by and construed in accordance with the laws of the State of Maryland.
20. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof.
ELECTRONIC SIGNATURE ACKNOWLEDGMENT
By signing below, Broker acknowledges and agrees to the following:
1. Broker has read and understood this entire Commercial Broker Agreement.
2. Broker agrees to be legally bound by all terms and conditions set forth in this Agreement.
3. Broker represents that all information provided during registration is accurate and complete.
4. Broker's electronic signature below constitutes a legally binding signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. § 7001 et seq.) and applicable state electronic signature laws.
5. Broker consents to conduct this transaction electronically and to receive electronic communications from MCF Real Estate Capital related to this Agreement and the partner relationship.
6. Broker acknowledges that a copy of this signed Agreement will be emailed to the address provided during registration.
Missing required fields: Registration Type, Company Name, Company Type, Company Address, Full Name, Email, Phone Number