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A licensee refers a borrower to a title company her husband part-owns. What does Chapter 494 require her to put in writing to the borrower?

Correct Answer

C) The relationship, an estimated charge, that a benefit may be received, and that she may go elsewhere

Section 494.0023(1) sets four written disclosures where a conflicting interest exists: the nature of the relationship, ownership or financial interest; an estimated charge or range of charges; that a financial benefit may be received; and that the borrower may choose an alternative source. Subsection (2)(a) brings a relative providing the products or services within the definition. Source: Fla. Stat. § 494.0023(1)

Answer Options
A
Only the fact that a referral fee may be paid, since the borrower can look up the ownership himself
B
Only an estimate of the charges, since the relationship is disclosed on the settlement statement anyway
C
The relationship, an estimated charge, that a benefit may be received, and that she may go elsewhere
D
A statement that the borrower must obtain independent advice before accepting the referral she has made

Why This Is the Correct Answer

Section 494.0023(1) sets four written disclosures where a conflicting interest exists: the nature of the relationship, ownership or financial interest; an estimated charge or range of charges; that a financial benefit may be received; and that the borrower may choose an alternative source. Subsection (2)(a) brings a relative providing the products or services within the definition. Source: Fla. Stat. § 494.0023(1)

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