Reply To: RESPA Section 8

Brent V

A violation of Section 8 occurs when a person gives or receives a fee, kickback or other thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or part of a settlement service.

• Waiving a fee constitutes a “thing of value.”
• The bank refers business to the attorney. If the attorney waives the fee for the bank then a Section 8 concern arises.
o The question does not clarify whether the family member is a member of the attorney’s family or is a member of a bank employee’s family.
 If the attorney waives fees for a member of his or her own family, that is not a Section 8 issue.
 Waiving the fee for a member of a bank employee’s family may raise a concern.