What kinds of marketing agreements can agents and brokers make with lender/title partners?

  • The CFPB has been "regulating by enforcement"; break the (possibly unwritten) rules and it will skip any warnings and jump straight to a fine.
  • Agents should always have "skin in the game" and should keep good records.
  • Never refer to a marketing partner as "preferred" or "exclusive."

A new real estate agent just entering the industry is approached by a title partner who wonders if the agent would be interested in sharing marketing costs — creating advertising materials that include both the real estate agent’s and title partner’s name and contact information, also known as co-marketing. Is this OK, or is it a violation of the Real Estate Settlement Procedures Act (RESPA)?