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Ethics & Fraudmedium17% of exam

A real estate agent offers an MLO $500 for each borrower the agent refers who successfully closes a loan. How should the MLO respond?

Correct Answer

B) Decline the offer as it violates RESPA's prohibition on referral fees

Section 8 of RESPA prohibits giving or receiving anything of value for referrals of settlement service business. This includes payments between real estate agents and MLOs for loan referrals, regardless of disclosure or amount.

Answer Options
A
Accept the arrangement since referral fees are common in the industry
B
Decline the offer as it violates RESPA's prohibition on referral fees
C
Accept but only if the payment is disclosed to borrowers
D
Counter-offer with a lower amount that seems more reasonable

Why This Is the Correct Answer

Section 8 of RESPA prohibits giving or receiving anything of value for referrals of settlement service business. This includes payments between real estate agents and MLOs for loan referrals, regardless of disclosure or amount.

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