Referral Agreement Template printable pdf download

REFERRAL AGREEMENT

This Agent Agreement (“Agreement”) is made as of this _______ day of __________________,

_________, by and between Commercial Lending X (“Company”) and

________________________________________ (“Agent”) in consideration of the mutual

promises set forth below, the parties agree as follows:

1. Prospects: The Agent agrees to refer the Company customers (“Prospects”) looking for

commercial financing. Any additional business that comes from Prospects provided by

the Agent at a future date will also be covered under the terms of this agreement.

2. Services: The Company agrees to provide consultative services to Prospects referred to

the Company by the Agent in the preparation of a complete loan package for the

placement of a commercial loan or loans to provide the Prospect with new financing or

replacement financing. Specifically, the Company agrees to review documentation

provided to the Company relating to the Prospect’s Loan Application, prepare the

Prospect’s Loan Application package, present the Prospect’s Loan Application package

to the lender(s), and work with the lender’s underwriter as needed regarding the

Prospect’s Loan Application package from the date of application to closing.

The Agent hereby acknowledges that this Agreement does not constitute a loan

commitment and the Company makes no guaranty that the services being provided will

result in the procurement of a loan for any Prospect. The Agent hereby further

acknowledges that any proposed lender will consider several factors in determining the

creditworthiness of each Prospect, including, but not limited to, the credit history and

rating of the Prospect, the collateral offered as security for the proposed loan, the

management experience and debt to worth ratio, and the cash-flow available to service

the loan, among other things.

3. Exclusivity to Prospect: The Agent agrees to grant the Company the exclusive right to

market and process each Prospect’s Loan Application package, including, but not limited

to, reviewing and gathering all necessary loan documentation, creating a loan application

package, submitting the loan application package to one or more lenders, communicating

with the underwriters regarding the loan application package, and assisting in closing the

Loan for the full term of this Agreement. The Agent specifically agrees not to work with

any other broker or lender during the exclusivity period without the express written

consent of the Company. The Agent and Company hereby agree not to attempt to

circumvent, evade or sidestep each other in an attempt to avoid payment of fees or

monies due to the Company or Agent by any Prospect. In the event the Agent closes a

Prospect Loan directly or indirectly with any of the lenders the Company has presented

the Prospect Loan Application to within One (1) Year of the date of the referral of the

Prospect, the Agent agrees to pay the Fees listed below to the Company.

However, if at any time the Company has exhausted all sources and cannot place the

requested financing on behalf of a Prospect, the Company agrees to notify the Agent in

writing (with email being an acceptable version of writing) that the Company cannot

place the transaction, at which point the exclusivity clause will no longer apply for that

Referral Agreement Template