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Mortgage & Real Estate FinanceTresa RegulationsONMEDIUM

An Ontario mortgage agent arranges a mortgage for which the lender will pay the agent's brokerage a fee. Under O. Reg. 188/08 made under the Mortgage Brokerages, Lenders and Administrators Act, 2006, what must the brokerage disclose in writing to the borrower?

Correct Answer

A) That the fee is payable, who pays it, and how it is calculated

Section 21 of O. Reg. 188/08 requires the brokerage to tell the borrower in writing whether it has received or will receive a fee from another person in connection with the mortgage, who that person is, and the basis for calculating the fee, and to get the borrower's written acknowledgement. Mortgage agents are regulated by FSRA under the MBLAA, not by TRESA.

Answer Options
A
That the fee is payable, who pays it, and how it is calculated
B
Nothing, because the borrower is not the one paying this fee
C
Only the fee's dollar amount, and only if it exceeds $5,000
D
Only the exact dollar amount of the fee, after the mortgage has closed

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Key Terms

mortgage agentO. Reg. 188/08fee disclosureFSRAMBLAA
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