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A real estate agent refers clients to ABC Title Company and receives a $50 gift card for each referral. This arrangement:

Correct Answer

B) Violates RESPA Section 8 as an illegal kickback

RESPA Section 8 prohibits giving or receiving anything of value for referrals of settlement services. The $50 gift card constitutes a thing of value given in exchange for referrals, making it an illegal kickback regardless of disclosure or amount.

Answer Options
A
Is permissible if disclosed to the borrower
B
Violates RESPA Section 8 as an illegal kickback
C
Is allowed if the gift card value is under $100
D
Is acceptable if both parties are licensed professionals

Why This Is the Correct Answer

RESPA Section 8 prohibits giving or receiving anything of value for referrals of settlement services. The $50 gift card constitutes a thing of value given in exchange for referrals, making it an illegal kickback regardless of disclosure or amount.

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