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A title company provides an MLO with a detailed marketing analysis showing average days on market for properties in the MLO's territory. In exchange, the MLO agrees to refer at least 5 transactions per month. This arrangement is:

Correct Answer

B) Prohibited under RESPA as it involves a referral agreement with compensation

Under RESPA Section 8, this arrangement violates the prohibition on agreements for referrals. The marketing analysis constitutes a thing of value provided in exchange for a commitment to refer business, regardless of whether the data has legitimate business value.

Answer Options
A
Permissible if the marketing data has genuine value to the MLO's business
B
Prohibited under RESPA as it involves a referral agreement with compensation
C
Acceptable as long as the data is provided to other MLOs as well
D
Allowed if the MLO pays fair market value for the marketing analysis

Why This Is the Correct Answer

Under RESPA Section 8, this arrangement violates the prohibition on agreements for referrals. The marketing analysis constitutes a thing of value provided in exchange for a commitment to refer business, regardless of whether the data has legitimate business value.

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