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Regulation and legal framework

AMF brokerage mandate

Français : Mandat de courtage AMF

Mandatory written agreement between client and mortgage broker, framed by the AMF. Specifies mission, compensation, conflicts of interest, and client rights.

Definition

The brokerage mandate (or "mortgage brokerage agreement") is the mandatory written contract that any client retaining a Québec mortgage broker must sign before any work begins. It is framed by the Mortgage Brokerage Act (CQLR c. C-71.4) and AMF regulations.

Mandatory minimum content: broker and brokerage identity, AMF licence number, specific mission entrusted (search for a mortgage on a given transaction), mandate duration, compensation terms and amount (lender commission or direct fees), disclosure of potential conflicts of interest (notably if the brokerage belongs to the same group as a lender), client rights (revocation, file access, AMF complaint).

The mandate is free to the borrower on most standard A transactions — the broker is paid by the lender. On B and private files, direct fees may apply (typically 1-3% of loan amount), mandatorily disclosed in the mandate. A sample mandate is available at courteo.ca/exemple-mandat.

Official sources

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This definition is provided for informational purposes only and does not constitute legal, tax, or financial advice. For a personal situation, consult an AMF-licensed mortgage broker, notary, accountant, or the relevant financial institution.