When has an apparent violation occurred in the referral of settlement services?
Analysis: Pursuant to RCW 18.44.145(2), “[n]o real property lender, escrow agent, or officer or employee of any escrow agent or real property lender may give or agree to pay or give any money, service, or object of value to any real estate agent or broker, to any real property lender, or to any officer or employee of any agent, broker, or lender in return for the referral of any real estate escrow services.” Clearly this section is provided to prevent escrow agents from paying referral fees to certain service providers in exchange for escrow business. In certain situations the Department has noted that discount coupons have been given to Realtors in conjunction with business referrals. In one such situation, the Realtor subsequently provided the coupon to the consumer to be used as a reduction in cost during the closing of the referred transaction. To be determined in these situations is not whether an “object” has been given to the Realtor, but whether that object is an “object of val
