A Mortgage Contract Concluded Between a Lender - On Behalf of or as an Agent for Others - and Individual Customers is Subject to the Financing Regulations and Instructions Issued by SAMA
| No: 42013215 | Date(g): 20/10/2020 | Date(h): 4/3/1442 | Status: In-Force |
Translated Document
Based on the powers vested in SAMA pursuant to the relevant laws, regulations, and instructions, and based on Article (2) of the Real Estate Finance Law stipulates that "SAMA shall regulate the real estate finance sector, including the following: 5- Issue real estate finance standards and procedures, etc." Paragraph (1) of Article (Eight) from the implementing Regulation of the Real Estate Finance Law which states that "A real estate finance entity shall comply with the requirements stipulated in the Law, this Regulation, other related laws and regulations as well as rules and instructions issued by SAMA relating to real estate finance. Real estate finance contracts and products shall comply with the Law and relevant laws, regulations, rules and instructions."
SAMA wishes to emphasize that real estate financiers must adhere to all relevant laws, their implementing regulations, and the relevant instructions of SAMA applicable to all mortgage contracts for individuals, whether done directly, by agency, or on behalf of others. Real estate financiers should not enter into any new contracts unless these requirements are met and should amend their agreements with other entities to comply with this directive. This includes contracts where the real estate financier acts as an agent for the financing entity, as well as cases where the decision to grant credit does not originate from the real estate financier.