Question

Gillian is a real estate licensee who attends a party at the home of a mortgage broker, Tim, with whom she has worked in the past. At the party, Tim offers her tickets to a concert, saying that he can’t use them. She accepts gladly, and laughs when Tim says as he hands the tickets over, "And all I ask in return is that you send a customer or two my way!" Is Gillian guilty of a violation? Unset starred question No, but Tim is. No, there is no violation. Not unless she neglects to disclose the exchange and the value of the tickets to her broker within three days. Yes, Gillian is guilty because she has accepted what is essentially a referral fee from a mortgage broker.

Answer 1

Answer:

Yes, Gillian is guilty because she has accepted what is essentially a referral fee from a mortgage broker.

Explanation:

Real Estate Settlement Procedures Act (RESPA) are a set of guidelines for licencing agents and real estate agents that is aimed at bringing transparency to settlement costs of properties.

It prohibits referral fees and kickbacks with the view of reducing final closing price to consumers.

In the given scenario Tim offers Gillian tickets to a concert, saying "And all I ask in return is that you send a customer or two my way!"

This is considered to be a referral fee which is in violation of RESPA.