RESPA’s prohibition against unearned fees does not apply, the Court held, unless the fee in question is being divided between two or more settlement service providers. In reaching this decision, the US Supreme Court explicitly rejected the position of HUD, three circuit courts of appeals and the attorneys general from 20 states and the District of Columbia.
REALTORS® no longer need worry about charging an administrative fee, what they call the administrative fee, or where in their listing contract this fee is mentioned.
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