The Supreme Court of the United States is hearing a case that will likely resolve a circuit split over section 8(b) of the Real Estate Settlement Procedures Act.

NAR argues in its amicus brief filed with the Court that section 8(b) only applies in circumstances where the fee is shared with a third party, and not where the settlement service provider retains the entire fee. The opposing view holds that RESPA can apply if no services were performed in exchange for the fee.

Courts across the country have split on this question, and so this case should resolve the divide. This issue has great importance to real estate brokers who wish to charge and retain a flat "administrative fee" in addition to a percentage-based commission.

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