However, it is not enough to simply determine what constitutes a reasonable marketing fee under each proposed agreement. Remember that it is always advisable to establish, in an appropriate written agreement, these fees and the specific services to be provided by the marketing party in exchange for the payment of these fees, as well as all other responsibilities and obligations of the parties. “18. Can a mortgage banker and a real estate agent apply together for their services, for example on the same brochure or the same advertisement in the newspapers? HUD warned that when a party pays less of its reasonable share for a brochure or advertisement, there is a violation of Section 8 of the RESPA, which contains anti-kickback provisions. For example, if a lender offsets a real estate agent`s marketing fees on the website of a third-party real estate listing and the agent pursues recommendations to the lender, it may appear that the lender is paying the fee in exchange for a transfer of the credit transaction. This could be considered an ineligible value provided in exchange for a referral in violation of Section 8. Also remember that the Bureau is not the only regulator empowered to enforce RESPA violations. The Dodd-Frank Act allowed states to take legal action under the Consumer Financial Protection Act, and many attorneys general have indicated their intention to strengthen their investigative and enforcement measures against those who violate respa. The laws of many states also make mortgage lenders an obligation to comply with federal laws such as RESPA. .