Expands the requirements for the exemptions to the prohibitions against payment or receipt of title insurance kickbacks, rebates, commissions, and other payments under GS 58-27-5 to apply the following: (1) the payment may also be made from an employer to a bona fide employee, including the payment of a commission for the sale of title insurance; (2) the person or entity purchasing title insurance is not required to use any particular title insurance company, agency, or agent, except as permitted under regulations adopted pursuant to the federal Real Estate Settlement Procedures Act (Act) and (3) either the person or entity purchasing title insurance is provided with the Act’s written disclosure requirements as described or the person or entity purchasing title insurance isn’t provided with a written disclosure but they demonstrate that the failure was unintentional and resulted from a bona fide error notwithstanding maintenance of procedures that were reasonably adapted to avoid that error. Specifies that in any judicial or administrative proceeding the person or entity relying upon the error provisions has the burden of proof of establishing its applicability by a preponderance of the evidence.
Applies to offenses committed on or after December 1, 2025.
TITLE INSURANCE KICKBACKS CLARIFICATION.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT CLARIFYING THE PROHIBITION AGAINST KICKBACKS OR OTHER UNEARNED FEES IN TITLE INSURANCE TRANSACTIONS.Intro. by B. Newton, Daniel, Sawrey.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Mar 26 2025)
Bill History:
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Tue, 25 Mar 2025 Senate: Filed(link is external)
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Wed, 26 Mar 2025 Senate: Passed 1st Reading(link is external)
S 577
Bill Summaries:
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Bill S 577 (2025-2026)Summary date: Mar 31 2025 - View Summary
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