RESPA Section 8(a) Prohibition
Prohibits giving or accepting any "fee, kickback, or thing of value" pursuant to an agreement or understanding, oral or otherwise, that real estate settlement service business shall be referred to any person.
RESPA Section 8 Co-Marketing Compliance Auditor
Analyze joint advertising agreements between mortgage lenders and real estate brokers. Quantify fair market value (FMV) cost-sharing, test impression proportionality, and audit Section 8(c)(2) safe-harbor exposure.
Lender Payment
$2,000
50.0% of total budget
FMV Justified Value
$2,000
0.0% variance
Excess Subsidy / Imbalance
$0 / mo
Permissible FMV parity
Pro-Rata Space Prominence vs Financial Allocation
CFPB Bulletin 2015-05 & 12 U.S.C. § 2607(c)(2)
Enforcement Risk Audit Checklist
6 of 6 Safe Harbors Satisfied
Audit active. Evaluated in real time on this browser.
Section 8(c)(2) FMV Exemption
Affirms that nothing prohibits the payment to any person of a bona fide salary or compensation or other payment for goods or facilities actually furnished or for services actually performed at Fair Market Value.
CFPB & Litigation Precedent
Federal scrutiny (including the landmark Zillow co-marketing defense) requires that lenders pay no more than their mathematical pro-rata share of advertising exposure and receive unmanipulated consumer leads.
Frequently Asked Compliance Questions
Why did Zillow's Co-Marketing program face CFPB and legal challenge?
The CFPB investigated whether lender co-marketing payments on Zillow's Premier Agent platform functioned as illegal kickbacks for agent lead referrals. Zillow successfully defended its framework by proving lenders paid independent fair market value directly for their exact percentage of ad space, without tying payments to closed mortgages or referral volume.
What creates an illegal "thing of value" under RESPA Section 8?
If a lender pays 70% of an advertising bill but only receives 30% of the visible ad space or impressions, the 40% differential subsidizes the real estate agent's advertising expense. Under CFPB guidance, that financial subsidy constitutes a "thing of value" presumed to be in exchange for settlement service referrals.
Can co-marketing fees be based on closed loan transactions?
No. Tying co-marketing contributions or cost-per-lead reimbursements to closed loan volume, loan volume thresholds, or referral conversions is a per se violation of RESPA Section 8(a), exposing both parties to statutory treble damages and regulatory enforcement.