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RESPA - Section 8

By
Real Estate Agent with Keller Williams Realty

So what is all this about RESPA?

If you don't already know, RESPA is an acronym for the Real Estate Settlement Procedure Act, it is a consumer protection statute, passed in 1974.

 The purposes of RESPA are

  1. to help consumers become better shoppers for settlement services and
  2. to eliminate kickbacks and referral fees that unnecessarily increase the costs of certain settlement services.

To break it down, RESPA is a consumer watch dog, requiring that borrowers are given disclosure in various situations and prohibits practices that increase the end cost of services...RESPA keeps the honest man honest which is good for all of us...but...the inevitable but...this watchful eye also has compromised how real estate agents go about referring their clients to lenders.

Section 8 of RESPA, is one of these sticky wickets that has given pause to how our team provides resources for our valued clients.

Section 8, prohibits anyone from giving or accepting a fee, kickback or anything of value in exchange for referrals of settlement service business involving a federally related mortgage loan. In addition, RESPA prohibits fee splitting and receiving unearned fees for services not actually performed.

So this is good right, keep people honest, right? Okay, so the fee splitting and unearned fees...you can keep people honest in that regard for the most part...

Kickbacks or Exchange for Referrals...not as easy

To Read More Click Here

Jeremy K. Frost
Keller Williams Realty - Dripping Springs, TX
Associate Broker, ABR,CNE,CRS,ePro,PSA,RENE,SRS
 

Thanks for sharing this valuable information. It's posts like this that make active rain great!

Mar 25, 2010 06:55 AM
Eric J
Eric J - Dream Home Financing - Freehold, NJ
Dream Home Financing

Something that has come under the microscope is the compensation given to the real estate broker by the in-house mortgage companies. Quite often they are calling it "rent" but everyone knows the truth

Mar 25, 2010 07:06 AM
Howard Goff
Keller Williams Realty - Vancouver, WA

Everything is under the microscope at this point...everyone has known the truth about how to make the best situation all around but with RESPA it is uncertain how we can do what is in the guidelines and what we can do to get clients the best care and financing available

Mar 29, 2010 10:13 AM