Disable ads (and more) with a premium pass for a one time $4.99 payment
Question: 1 / 175
If a seller requires a buyer to use a specific title insurance company, is this arrangement legally permissible?
Yes, it's standard practice
No, it's illegal according to RESPA
The correct answer highlights that requiring a buyer to use a specific title insurance company is indeed illegal under the Real Estate Settlement Procedures Act (RESPA). RESPA was enacted to protect consumers by ensuring they receive significant disclosures and by preventing kickbacks and unearned fees in the process of settling real estate transactions.
Under RESPA, any requirement that mandates a buyer to use a particular title insurance company can create potential conflicts of interest and limit the buyer's freedom to make informed choices about settlement services. Buyers should have the right to choose the title insurance company that best fits their needs. Therefore, any agreement that compels a buyer to use a specific company would violate RESPA's consumer protection standards.
Understanding this regulation is crucial for both real estate professionals and consumers to ensure that all parties are aware of their rights and obligations regarding settlement services.
Get further explanation with Examzify DeepDiveBetaYes, if disclosed properly
No, but it can be negotiated