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Does RESPA apply to the Federal Government? According to at least one bureaucrat, the answer is “NO!”

By Richard Weisser

Real Estate Broker/Owner with Richard Weisser Realty

March 25, 2011 01:44 AM

During one of my “let’s get ‘er done” episodes a few weeks ago, I called the department in Washington D.C. that is responsible for enforcing the Real Estate Settlement Procedures Act, affectionately known as RESPA.

I got a call back yesterday from a very helpful and friendly bureaucrat and we had a long discussion about RESPA and HUD. And although this issue is constantly litigated, the position of the enforcement office is that RESPA does NOT apply to government sales.

Which essentially means that regardless of one’s interpretation of the statute, if there is no willingness to enforce the law then the point becomes moot.

So I’m going to stop beating this dead horse and accept the fact that for now:

It is what it is!

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Andrea Swiedler

Berkshire Hathaway HomeServices New England Properties - New Milford, CT

Realtor, Southern Litchfield County CT

Good morning Richard... you have provided us with such entertainment this morning. RESPA does not apply to HUD homes huh? Our government does NOT have to follow the rules they impose on the rest of us... if I understand you correctly. Wow....

Mar 25, 2011 02:40 AM

Andrew Mooers | 207.532.6573

MOOERS REALTY - Houlton, ME

Northern Maine Real Estate-Aroostook County Broker

We grumble but need to pursue and put the bright blogging light on errors, missing applications to Uncle Sam. That is what NAR, our local boards, state REALTOR groups are suppose to have on their agenda. Not news for Jon Stewart or Stephen Colbert to hook on to and run with, but we as 203K can ask why, get answers.

Mar 25, 2011 02:42 AM

Lorraine or Loretta Kratz

Crescent Moon Realty, Inc. & Land N Sea Auctions. - San Marcos, CA

Certified Negotiation Consultants

I at one time watch a program called "Laugh-In (Rowan & Martin's) and there was a character on the show that would say "very interesting" which was utter when no one got the gag. I am taking a leaf from this TV series and echothe sentiments ----"Very Interesting"

Mar 25, 2011 02:46 AM

Kristin Johnston - REALTOR®

RE/MAX Platinum - Waukesha, WI

Giving Back With Each Home Sold!

Good for you for doing your part, more so actually....it is what it is can apply to alot of things going on right now, huh? :-)

Mar 25, 2011 02:48 AM

Don MacLean

New England Real Estate Center Inc. - Easton, MA

Realtor-Homes for Sale- Easton, Mass 02356

It falls under the we just write them, someone else needs to enforce them. Who? not us maybe them and if they don't try........ oh you did then never mind.

Enjoy the day

Mar 25, 2011 03:05 AM

Richard Weisser

Richard Weisser Realty - Newnan, GA

Richard Weisser Retired Real Estate Professional

Steve...

And apparently that's fine! Thanks.

Ginny...

I ALWAYS try and I never give up. THX.

Allen...

Like I said, "it is what it is!" Thanks so much for the comment.

Phil...

But the electorate "forgets" a lot every November. Go figure. Thanks.

Chuck...

Well. it DID take two weeks. lol and thx!

Tni...

You know, that kind of thinking is so convoluted it really does make you wonder. THX!

Mar 25, 2011 03:09 AM

Michael Setunsky

Woodbridge, VA

Your Commercial Real Estate Link to Northern VA

Richard, I guess this falls under, "Don't do as I do, do as I say". Thanks for the info.

Mar 25, 2011 03:11 AM

Chris and Berna Sloan

Group 1 Real Estate - Tooele, UT

Tooele UT

Same stuff, different day. Thanks for your efforts

Mar 25, 2011 03:17 AM

Vanessa Calhoun

PalmerHouse Properties & Associates, LLC - Atlanta, GA

Your Greater Atlanta Marketing Guru!!

I'm not surprised, Richard....Guess there's no point in me airing my HUD grievances, huh?

Mar 25, 2011 03:25 AM

Richie Alan Naggar

people first...then business Ran Right Realty - Riverside, CA

agent & author

The government? They are the ones that need governing not us....Arm chair management doesn't work no more than a sports fan yelling at the top of his lungs at a TV screen. The players cant hear you!

Mar 25, 2011 04:03 AM

Bob Haywood

McGraw Realtors - Owasso, OK

BobHaywood.com

It's pretty sad when the people who make the rules are allowed to be the only people who don't have to play by the rules!

Mar 25, 2011 04:27 AM

Gary L. Waters Broker Associate, Bucci Realty

Bucci Realty, Inc. - Melbourne, FL

Eighteen Years Experience in Brevard County

It is a rule isn't it? Those who write the rules are always exempt!

Mar 25, 2011 04:31 AM

Gerry Michaels

Glasswork Media Arts - Gettysburg, PA

GettysburgGerry Social Meida

I am with Chuck, I am still in shock they actually got back in touch with you....

Mar 25, 2011 04:52 AM

Richard Weisser

Richard Weisser Realty - Newnan, GA

Richard Weisser Retired Real Estate Professional

Erica...

Because they know that nobody will challenge them. Sad, isn't it?

Rosalie...

What's worse is that the PROSECUTE others while they themselves find the rule too constraining. WOW!

Andrea...

It gets crazier every day! Thanks.

Mar 25, 2011 04:53 AM

Bea Lueck

Coldwell Banker Rox Realty - Casa Grande, AZ

And anyone is surprised by the fact the "government" doesn't have to follow the rules it enacts and enforces upon others? ROFL!! LOL!! HAHAHA!!

The "government" has created all these rules to protect us from others that might take advantage of us poor, unsuspecting fools. "They" know what's good for us, much more then we know for ourselves.

The only one taking advantage of us IS the government!

Thanks for todays chuckle.

Mar 25, 2011 05:03 AM

Momentum Realty

North Orange County CA Real Estate Specialists - Yorba Linda, CA

Orange County CA Real Estate Agent

Hey Richard,

Oh well- you gave it a shot : ) Yes, it's incredible how many large entities are protected at our expense- big banks, government, fund managers.... Aaaaaaah, to be untouchable & not have to follow the rules like everyone else. What would that be like?

Thx for the post! Have a great weekend!

Gina Lemos

Mar 25, 2011 09:30 AM

William Feela

WHISPERING PINES REALTY - North Branch, MN

Realtor, Whispering Pines Realty 651-674-5999 No.

Richard, what did you expect from a government employee? Bite the hand that feeds them? It is sad. Do as I say not as I do!

Mar 25, 2011 10:26 AM

Don Rogers

Keller Williams Realty Chesterfield - O'Fallon, MO

Realtor, Broker, CDPE, GRI, OnullFallon MO & St Charles County MO homes

My friend the goverment always places themselves above the law and it will always be a uphill struggle to have it any other way.