Final answer:
Section 8 of RESPA prohibits the exchange of fees, kickbacks, or anything of value for referral of settlement service business related to mortgage loans. Violations can include real estate agents or mortgage brokers receiving improper incentives.
Step-by-step explanation:
To determine who is in violation of the Section 8 provisions of the Real Estate Settlement Procedures Act (RESPA), we need to understand what constitutes a violation under these regulations.
Section 8 of RESPA prohibits anyone from giving or accepting a fee, kickback, or anything of value in exchange for referrals of settlement service business related to a federally related mortgage loan.
Violations could include a real estate agent accepting a kickback from a title company in exchange for referrals or a mortgage broker receiving a fee for directing clients to a specific lender.