Home › Forums › Real Estate Settlement Procedures Act/ Regulation X › Affiliated Business Arrangement Disclosure › Re: Affiliated Business Arrangement Disclosure
The definition of the term “affiliated business arrangement” is defined in Section 2602(7) of the Real Estate Settlement Procedures Act. The term “affiliated business arrangement” means an arrangement in which (A) a person who is in a position to refer business incident to or a part of a real estate settlement service involving a federally related mortgage loan, or an associate of such person, has either an affiliate relationship with or a direct or beneficial ownership interest of more than 1 percent in a provider of settlement services; and (B) either of such persons directly or indirectly refers such business to that provider or affirmatively influences the selection of that provider; and (8) the term “associate” means one who has one or more of the following relationships with a person in a position to refer settlement business: (A) a spouse, parent, or child of such person; (B) a corporation or business entity that controls, is controlled by, or is under common control with such person; (C) an employer, officer, director, partner, franchisor, or franchisee of such person; or (D) anyone who has an agreement, arrangement, or understanding, with such person, the purpose or substantial effect of which is to enable the person in a position to refer settlement business to benefit financially from the referrals of such business.
The definition in your procedures is inaccurate and should be corrected.
Also, confirm the appraiser’s level of ownership in your bank. If the level exceeds 1%, the appraiser has an affiliate relationship with your bank and would need to provide an affiliated business arrangement in the event of a referral to the bank. This actually the appraiser’s concern, not the bank’s.