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A Virginia broker charges a $700 processing fee in 2026 while the file is still being shopped to lenders. Assuming it is broker compensation rather than an excepted documented third-party cost, may the fee be collected before a written commitment?

Correct Answer

D) Too early: compensation waits for a written commitment to lend

Except for documented costs of credit reports and appraisals, a broker may not receive compensation from a borrower until a written commitment to make a mortgage loan is given to the borrower by a mortgage lender. Other choices: work already done is the usual justification and the statute rejects it; a refund promise does not move the timing; and a signed fee agreement is a separate requirement rather than what unlocks early payment. Source: Va. Code § 6.2-1616(B)(1)

Answer Options
A
Too early only where the borrower has not signed a fee agreement
B
Permitted where the $700 is refunded if no loan is obtained
C
Permitted, because the broker has already done the work that the fee is charged for
D
Too early: compensation waits for a written commitment to lend

Why This Is the Correct Answer

Except for documented costs of credit reports and appraisals, a broker may not receive compensation from a borrower until a written commitment to make a mortgage loan is given to the borrower by a mortgage lender. Other choices: work already done is the usual justification and the statute rejects it; a refund promise does not move the timing; and a signed fee agreement is a separate requirement rather than what unlocks early payment. Source: Va. Code § 6.2-1616(B)(1)

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