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A lender advertises a 30-year fixed rate at 5.25% with 0 points. Its rate sheet has no such product; the best 30-year fixed on offer that week is 5.99% with 1 point.

Correct Answer

A) Non-compliant: no 5.25% product exists, so the term may not be advertised

An advertisement may state only terms that actually are or will be arranged or offered by the creditor, so a rate that exists on no rate sheet cannot be advertised. Other choices: calling it an invitation does not rescue a term the lender does not have; a subject-to-change disclaimer covers movement in real terms, not terms that never existed; and no consumer has to be turned away first, because the advertisement itself is the violation. Source: 12 CFR 1026.24(c)

Answer Options
A
Non-compliant: no 5.25% product exists, so the term may not be advertised
B
Compliant: an advertised rate is an invitation rather than a firm offer
C
Compliant, provided the fine print says rates are subject to change daily
D
Non-compliant only where a consumer applies and is denied the 5.25% rate

Why This Is the Correct Answer

An advertisement may state only terms that actually are or will be arranged or offered by the creditor, so a rate that exists on no rate sheet cannot be advertised. Other choices: calling it an invitation does not rescue a term the lender does not have; a subject-to-change disclaimer covers movement in real terms, not terms that never existed; and no consumer has to be turned away first, because the advertisement itself is the violation. Source: 12 CFR 1026.24(c)

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