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Under RESPA's Section 8 safe harbors, an affiliated business arrangement (AfBA) is permissible when:

Correct Answer

B) The person being referred is not required to use the affiliate's services

Under RESPA's AfBA safe harbor provisions, the arrangement is permissible when the person being referred is not required to use the affiliate's services, proper disclosure is made, and the only thing of value received is a return on ownership interest or franchise relationship.

Answer Options
A
The referring party receives less than 1% ownership interest in the affiliate
B
The person being referred is not required to use the affiliate's services
C
The affiliate provides services at below-market rates
D
The arrangement is disclosed only at closing

Why This Is the Correct Answer

Under RESPA's AfBA safe harbor provisions, the arrangement is permissible when the person being referred is not required to use the affiliate's services, proper disclosure is made, and the only thing of value received is a return on ownership interest or franchise relationship.

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