Real Estate Settlement Procedures Act

Under RESPA, certain things are prohibited and some things are allowed. The National Association of Realtors has summarized some of the prohibited and allowed points which are set forth below. They point out that the lists are not all-inclusive and should not be relied upon as legal advice.

These points apply to real estate agents and brokers. RESPA Prohibits:

• A title company from regularly providing dinner and reception for real estate agents.

• Acceptance of discounted or free business equipment, such as a free lock-box.

• Acceptance of reimbursement of the cost for an open house lunch from a mortgage broker who doesn't display any marketing materials at the event.

• Acceptance of a dinner paid for by a home inspector who doesn't attend the dinner to market his/her services to you.

• Acceptance of contributions from a title company to offset the cost of a real estate agent's promotional event except to the extent of the value of any marketing done by the title company during that even3t.

• Accepting gifts from mortgage brokers, such as paying your greens fees.

• A mortgage broker or title company from paying for your tickets to a sporting event.

• Participation in a tropical "get away" weekend, the cost of which is underwritten by a title company, during which only two hours is dedicated to marketing by the title company and the remainder is recreation.

• Never accept a payment from a mortgage lender just for taking a loan application. RESPAAllows:

• A title agent to provide, during an open house, a modest food tray in connection with the title company's marketing information indicating that the refreshments are sponsored by the title company.

• A home inspection company to sponsor association events when representatives from that company also attend and to post a sign identifying its services and sponsorship of the event.

• You to jointly advertise with a mortgage broker if you pay a share of the costs in proportion with your prominence in the advertisement.

• A lender to pay you fair market value to rent a desk, copy machine and phone line in your office to pre-qualify applicants.

• A hazard insurance company to give you marketing materials such as notepads, pens and desk blotters which promote the hazard insurance company's name.

• A title agent to pay for your dinner when business is discussed, provided that such dinners are not a regular occurrence.

If in doubt, real estate agents and brokers should consult with a real estate attorney.

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