The U.S. Supreme Court agreed Monday to clarify the scope of a federal law meant to protect homebuyers from being overcharged for real estate settlement services.
The question the court will resolve is whether a provision of the Real Estate Settlement Procedures Act banning service providers from charging for services they did not actually render applies only when the unearned fees are split between two or more parties.
Three circuit courts have ruled that the law applies to any unearned fees, whether retained by a single defendant or multiple defendants. The Department of Housing and Urban Development's position is in line with these rulings.
Four circuit courts have issued opinions taking the opposing view.
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