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A mortgage lender pays a real estate agent $100 for each borrower the agent refers who ultimately closes a loan. The lender argues this is permissible because real estate agents can legally receive referral fees. Under RESPA Section 8:

Correct Answer

C) This violates RESPA's prohibition on referral fees for settlement services

Under RESPA Section 8, this arrangement violates the prohibition on giving or receiving things of value for referrals of settlement service business. Real estate agents are not exempt from RESPA when receiving payments for referring mortgage business.

Answer Options
A
This is permitted because real estate agents are exempt from RESPA
B
This is allowed if the payment is made after loan closing
C
This violates RESPA's prohibition on referral fees for settlement services
D
This is permitted if disclosed on the Closing Disclosure

Why This Is the Correct Answer

Under RESPA Section 8, this arrangement violates the prohibition on giving or receiving things of value for referrals of settlement service business. Real estate agents are not exempt from RESPA when receiving payments for referring mortgage business.

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