# Can a broker charge me only if my SBA loan closes?

**Short answer:** No. SBA does not allow contingency fees, meaning fees paid only if the loan is approved or closed. SOP 50 10 8.1, Section A, Chapter 4, Paras. D.2 and D.7 and SBA Form 159 all state that rule.

Canonical page: https://www.sbaexpress.loans/answers/sba-broker-contingency-fee/
Last checked: 2026-11-08

SBA bars success-only fees on 7(a) loans. SOP 50 10 8.1, Section A, Chapter 4, Para. D.2.e (about p. 73) says SBA does not allow contingency fees, defined as fees paid only if the loan is approved or closed. Para. D.7 repeats the ban for fees charged to applicants. SBA Form 159 (p. 1) says the same.

## Percentage fees are not the same thing

An Agent may charge a percentage of the loan amount, within SBA's limits. The fee still cannot depend on whether the loan closes. If an agreement says you owe nothing unless you are funded, that is a contingency term. Ask what you owe if the loan is declined or withdrawn.

## Related bans

- An Agent may not charge a standard or flat fee to all applicants (Para. D.7).
- An Agent may not bill for services not reasonably necessary to the application.
- When a lender pays an Agent for paperwork through closing, that pay cannot depend on approval or closing (Para. D.1.e).

## Consequences

SBA may review fees at any time. An Agent must refund any fee SBA finds unreasonable or impermissible. A violation of the Form 159 rules can lead to suspension or revocation of the privilege to do business with SBA (Form 159, p. 2).

## Sources

- [SOP 50 10 8.1, Sec. A, Ch. 4, Para. D.2, Agents (about pp. 72-73)](https://legacy.sba.gov/sites/default/files/2026-10/SOP%2050%2010%208.1%20Technical%20Policy%20Updates%20effective%20%2010.1.2026.docx)
- [SOP 50 10 8.1, Sec. A, Ch. 4, Para. D.7, Fees an Agent May Charge (about pp. 76-77)](https://legacy.sba.gov/sites/default/files/2026-10/SOP%2050%2010%208.1%20Technical%20Policy%20Updates%20effective%20%2010.1.2026.docx)
- [SOP 50 10 8.1, Sec. A, Ch. 4, Para. D.1.e (about p. 72)](https://legacy.sba.gov/sites/default/files/2026-10/SOP%2050%2010%208.1%20Technical%20Policy%20Updates%20effective%20%2010.1.2026.docx)
- [SBA Form 159, pp. 1-2](https://legacy.sba.gov/document/sba-form-159-fee-disclosure-compensation-agreement)