Escrow & TitleIntermediateArizona Exam

The 'RESPA' (Real Estate Settlement Procedures Act) prohibition on kickbacks applies to:

ACommission splits between the listing broker and a cooperating buyer's broker, which constitute referral fees regulated under RESPA Section 8
BFees or payments made as inducements for referring settlement service business (title, escrow, lending) where no actual service is rendered in exchange for the feeCorrect
CAll forms of compensation paid between any two licensed real estate or settlement service professionals in a transaction
DOnly transactions financed with FHA or VA loans; conventional loan transactions are exempt from RESPA's kickback and referral fee rules

Why Fees or payments made as inducements for referring settlement service business (title, escrow, lending) where no actual service is rendered in exchange for the fee Is Correct

Answer B: Fees or payments made as inducements for referring settlement service business (title, escrow, lending) where no actual service is rendered in exchange for the fee

RESPA Section 8 prohibits kickbacks and unearned fees in connection with federally related mortgage transactions. For example, a real estate agent cannot receive payments from a title company simply for steering clients to that company.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

Key Escrow & Title Terms in This Question

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