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RESPA Information

SAMCAR Government Affairs  |  January 1, 2012

Real Estate Settlement Procedures Act (RESPA)

RESPA is a federal statute that regulates disclosure of closing costs and prohibits kickbacks for the referral of business.

Violators of RESPA may receive harsh penalties, including triple damages, fines and imprisonment. While the enforcement of RESPA by the U.S. Department of Housing and Urban Development (HUD) has been dormant in the past, HUD has recently stepped up its efforts in this area. HUD hired new staff and entered into a contract with an investigation firm in Arlington, Virginia to conduct on-site reviews to monitor conformity with RESPA. Now, more than ever, real estate brokers and agents must ensure they are complying with RESPA. Within you will find a RESPA DO's and DON'Ts bookmark from the National Association of REALTORS®, Copyright ©2005, serving as a portable reference to RESPA.

For more information visit:
The National Association of REALTORS® RESPA page
U.S. Department of Housing and Urban Development page

RESPA Compliance Tools from NAR:
 

Introduction to RESPA Multi-Media CD
The NATIONAL ASSOCIATION OF REALTORS®'s Introduction to RESPA is a multimedia presentation that will give you the tools you need to demystify RESPA. The CD Includes RESPA overview, a RESPA slideshow with narration and a VIDEO Frequently Asked Questions presented by Phil Schulman, a RESPA attorney.  NAR Product No. 126-121

RESPA Do's and Don'ts Pocket Card
A great quick reference tool that provides examples of activities permitted and not permitted under RESPA.  This laminated card, which provides RESPA Do's on one side and RESPA Don'ts on the other, will help licenses better understand and comply with RESPA. NAR Product No. 126-100

RESPA: A guide to Complying with the Real Estate Settlement Procedures Act
This guide provides an overview of RESPA's requirements and prohibitions affecting real estate brokers and agents. The guide explains the scope of RESPA and the general prohibition on kickbacks and referral fees under RESPA's Section 8.  The guide also review the exceptions to Section 8 and includes a glossary of terms.  NAR Product No. 126-100

AfBA Do's and Don'ts Pocket Card
Make sure your settlement business arrangements comply with RESPA with this great quick reference tool. The laminated Affiliated Business Arrangements (AfBA) Do's and Don'ts Pocket Card provides an overview of what RESPA allows and prohibits when it comes to settlement business affiliates. NAR Product No. 126-115

AfBA: Affiliated Business Arrangements A guide to Complying with Real Estate Settlement Procedures Act
This pocket guide from NAR provides an overview of what RESPA allows and prohibits when it comes to settlement business joint ventures. The guide also outlines the factors to establish a service provider and reviews HUD's response to recent AfBA violations. NAR Product No. 126-120

All products can be ordered via the RESPA home page at www.REALTOR®.org/RESPA or by calling 1-800-874-6500 (select '1' from the menu to place an order) 

 
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