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What is the Real Estate Settlement Procedures Act?

On Behalf of | May 22, 2023 | Real Estate Law

RESPA, the Real Estate Settlement Procedures Act, is a pivotal piece of legislation that has long influenced real estate transactions across the United States. Introduced by Congress in 1974, RESPA’s mission is to better ensure that homebuyers and homeowners are treated fairly and transparently during real estate transactions.

Lenders and anyone else involved in the real estate process should know what RESPA requires and the standards it sets.

RESPA’s transparency mandate

RESPA mandates lenders to disclose detailed information about the costs and procedures linked to the closing of a real estate transaction. By enforcing this disclosure, RESPA equips consumers with crucial knowledge to make informed decisions regarding their real estate transactions and associated expenses.

Prohibition of unfair practices

One of RESPA’s core elements is the prohibition of practices such as kickbacks and referral fees, formerly common in the real estate industry. These practices involved service providers exchanging business referrals for benefits, which led to inflated costs of settlement services for consumers.

Regulation of escrow accounts

RESPA also governs the establishment and management of escrow accounts. Lenders often mandate borrowers to contribute a fraction of their taxes and insurance into an escrow account as part of the mortgage payment. RESPA caps the amount a lender may require a borrower to deposit into an escrow account, thereby protecting consumers.

Mechanisms for consumer complaints

RESPA provides consumers with routes to file complaints and seek redress for violations of the Act. Consumers have the right to act if they find any component of a real estate transaction to be non-compliant with RESPA’s provisions.

RESPA provides substantial consumer protection during real estate transactions. Its transparency mandate, prohibition of unethical practices and implementation of dispute resolution mechanisms contribute significantly to maintaining the integrity of the real estate sector.