My brokerage has never accepted such spiffs - instead - having the Home Warrantee company discount the buyer's policy by the amount of the credit that they would have given me..... In fact - we've always rebated any bonus or other payment to our buyer clients.

Funny that we sometimes have had to fight so hard with listing agents to have us select the home warrantee company - and not them.  The home warrantee that we provide to our buyer clients is a much better one - with a $50 deductable - and just about everything under the sun - covered.

Many of the listing agents wanted the spiff as well as the "free marketing" that their chosen home warrantee company would send out on their behalf (including the listing agent's name and contact info. etc. in the literature) - which would have gone to my past buyer clients.   

So - we just never let that happen......  Now - perhaps - there will be less of a fight - as the listing agents will be forced to do what we have been doing for many years because we thought it was more ethical....

The following is the release by IAR --

Illinois Association of Realtors (IAR) legal counsel reminded IAR members that in February 2008 HUD wrote an Advisory Opinion which seemed to indicate that there are no services, either administrative or marketing, that a real estate brokerage company or agent could provide on behalf of a home warranty company that would justify the home warranty company paying the real estate brokerage company or agent for those services. In other words, it appears that HUD believes any payment from a home warranty company to a real estate brokerage company or agent would violate RESPA provisions. Learn more about NAR's response to the opinion and analysis by IAR legal counsel at www.illinoisrealtor.org/respa