RESPA Home Warranty Clarification Act of 2012

3/14/2024, 12:36 PM

(This measure has not been amended since it was reported to the House on July 31, 2012. The summary of that version is repeated here.)

RESPA Home Warranty Clarification Act of 2012 - Amends the Real Estate Settlement Procedures Act of 1974 (RESPA) to state that no prohibited kickback or unearned fee incident to a real estate settlement service involving a federally related mortgage loan shall be deemed to include, or be deemed to have included, homeowner warranties or similar residential service contracts for the repair or replacement of home system components or home appliances.

Requires any person that pays another person not employed by the person for selling, advertising, marketing, or processing, or performing an inspection in connection with, a homeowner warranty or similar residential service contract for the repair or replacement of home system components or home appliances, to include a specified statement reflecting this Act in any such warranty or contract incident to a transaction involving the origination of a federally related mortgage loan.

Requires any person who has contracted to receive payment from a provider of such services for recommending the purchase of a home warranty or similar residential service contract, and is not an employee of such provider, to give the potential purchaser, upon first recommending such a purchase, a written notice informing the individual that such person has received or will receive compensation from the warranty company for the residential service. Allows the individual to opt out of purchasing such a warranty or service contract, or to purchase it from another provider.

Congress
112

Number
HR - 2446

Introduced on
2011-07-07

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

8/2/2012

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

(This measure has not been amended since it was reported to the House on July 31, 2012. The summary of that version is repeated here.)

RESPA Home Warranty Clarification Act of 2012 - Amends the Real Estate Settlement Procedures Act of 1974 (RESPA) to state that no prohibited kickback or unearned fee incident to a real estate settlement service involving a federally related mortgage loan shall be deemed to include, or be deemed to have included, homeowner warranties or similar residential service contracts for the repair or replacement of home system components or home appliances.

Requires any person that pays another person not employed by the person for selling, advertising, marketing, or processing, or performing an inspection in connection with, a homeowner warranty or similar residential service contract for the repair or replacement of home system components or home appliances, to include a specified statement reflecting this Act in any such warranty or contract incident to a transaction involving the origination of a federally related mortgage loan.

Requires any person who has contracted to receive payment from a provider of such services for recommending the purchase of a home warranty or similar residential service contract, and is not an employee of such provider, to give the potential purchaser, upon first recommending such a purchase, a written notice informing the individual that such person has received or will receive compensation from the warranty company for the residential service. Allows the individual to opt out of purchasing such a warranty or service contract, or to purchase it from another provider.

Alternative Names
Official Title as IntroducedTo clarify the treatment of homeowner warranties under current law, and for other purposes.

Policy Areas
Housing and Community Development

Potential Impact
Consumer affairs•
Contracts and agency•
Housing finance and home ownership•
Real estate business•
Residential rehabilitation and home repair

Comments

Recent Activity

Latest Summary8/30/2012

(This measure has not been amended since it was reported to the House on July 31, 2012. The summary of that version is repeated here.)

RESPA Home Warranty Clarification Act of 2012 - Amends the Real Estate Settlement Procedures Act ...


Latest Action8/2/2012
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.