Study notes. AI-assisted reference for NMLS SAFE exam prep — verify against primary sources (CFR, statute, CFPB) before relying on it. Not legal advice.
Real Estate Settlement Procedures Act (RESPA): Home Warranty Companies’ Payments to Real Estate Brokers and Agents Interpretive Rule
respahudcfpbguidancehome-warrantyreal-estate-brokerssection-8
This HUD Interpretive Rule, published on June 25, 2010 (75 FR 36271), provides guidance on the application of the Real Estate Settlement Procedures Act (RESPA) to payments made by home warranty companies to real estate brokers and agents.
The rule clarifies that such payments, if they are for referrals of business incident to or part of a real estate settlement service, are generally prohibited under RESPA Section 8 unless they fall within a specific exception, such as for services actually performed. It aims to prevent disguised referral fees in the home warranty context.
This interpretive rule continues to be applied by the CFPB in its enforcement of RESPA.
Source material
- cfpb_RESPA_Other_Applicable_Documents HUD
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