Co-Marketing and RESPA Concerns

Compliance Track

Co-marketing is an essential part of the home-buying ecosystem, especially between real estate professionals and mortgage lenders, but RESPA compliance can be tricky.  After the PHH decision, many lenders were of the view that now “anything goes” when it comes to marketing and advertising activities with real estate brokers/agents. But while the court rejected Cordray’s narrow view of the statute, the Court did not rescind Section 8(c)(2) of RESPA. This panel will discuss the considerations lenders, real estate brokers/agents and title companies must address in establishing MSAs, co-advertising arrangements, desk rentals and lead generation agreements.


Philip Schulman
Mayer Brown