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(Updated April 2017)

The Real Estate Settlement Procedures Act (RESPA) was signed into law in December 1974, and became effective on June 20, 1975. The law has gone through a number of changes and amendments since then, all with the intent of informing consumers of their settlement costs and prohibiting kickbacks that can increase the cost of obtaining a mortgage.

RESPA covers loans secured with a mortgage placed on one-to-four family residential properties. Originally enforced by the U.S. Department of Housing & Urban Development (HUD), RESPA enforcement responsibilities were assumed by the Consumer Financial Protection Bureau (CFPB) when it was created in 2011.

This Field Guide features resources to help real estate professionals understand RESPA, navigate RESPA marketing service agreements, and more. (A. Siudzinski, Senior Library Information Specialist)

For information and resources on the TILA-RESPA Integrated Disclosure Rule (TRID), visit the Field Guide to TRID.

E - EBSCO articles available for NAR members only. Password can be found on the EBSCO Access Information page.

RESPA Basics

Source: Window to the Law: RESPA: CFPB Consent Orders for RESPA Violations, (National Association of REALTORS®, Apr. 4, 2017). 

RESPA Topic Page — Articles, videos, webinars, products and other resources about all aspects of RESPA.

RESPA FAQ — Answers to common questions about RESPA from real estate professionals and REALTOR® associations.

RESPA Power Bundle Download — Available as a digital download from the REALTOR® Store.

RESPA Do's and Don'ts Card — Available as a digital download from the REALTOR® Store.

RESPA Compliance Guide — Available as a digital download from the REALTOR® Store.

Window to the Law Video: RESPA (National Association of REALTORS®).

TILA-RESPA Integrated Disclosures (Business Lawyer). E

Policy matters: the resilience of RESPA, (RIS Media, Apr. 9, 2017).

What loan types are not covered by RESPA?, (The Balance, Jan. 20, 2017).

Consumer Laws & Regulations: RESPA, (U.S. Consumer Financial Protection Bureau, 2013). — PDF explains the history and provisions of the Real Estate Settlement Procedures Act.

RESPA - Real Estate Settlement Procedures Act, (U.S. Department of Housing & Urban Development). — HUD’s archive of legal and regulatory updates, consumer information, and industry guidelines.

RESPA Marketing Service Agreements

CFPB Enforcement Actions: Real Estate Brokers, a Mortgage Lender, and a Mortgage Servicer, (National Association of REALTORS®, Feb. 1, 2017).

If marketing-services agreements are dead, can real estate companies still cooperate in advertising?, (Hahn Loeser,  Jan. 22, 2017).

RESPA do’s and don’ts for co-marketing, social media, & other web-based marketing tools, (National Association of REALTORS®,  n.d.).

RESPA Do’s and Don’ts for MSAs — Available as a printed brochure or digital download from the REALTOR® Store.

Affiliated Business Arrangements Guide — Available as a digital download from the REALTOR® Store.

Marketing and services agreements in an enforcement era, (Phillip L. Schulman, Feb. 19, 2015).

Do’s and Don’ts for Marketing Agreements, (RISMedia, Jan. 4, 2015).

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The inclusion of links on this field guide does not imply endorsement by the National Association of REALTORS®. NAR makes no representations about whether the content of any external sites which may be linked in this field guide complies with state or federal laws or regulations or with applicable NAR policies. These links are provided for your convenience only and you rely on them at your own risk.