Could it be considered an unlawful rebate if a title company advances the cost of an HOA estoppel letter?

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What is the Department of Financial Services’ position on whether a title agent can advance the cost of an estoppel letter from a homeowners association if the agent expects to receive reimbursement at closing?

The Department believes that it is a violation of subparagraph¬†626.9541(1)(h)3., Florida Statutes, and subsection¬†69B-186.010(4)(a), Florida Administrative Code, for a title insurance agent and/or agency to pay for an estoppel certificate without being reimbursed for the expenditure. However, if a title insurance agent and/or agency pay for an estoppel certificate, and the title insurance agent or agency is reimbursed at closing for the estoppel certificate, such advance payment for the estoppel certificate does not constitute an “unlawful rebate”. If the closing falls through then the title agent/agency should make good faith efforts to request and obtain reimbursement.

http://www.myfloridacfo.com/Division/Agents/Newsletter/Archive/2016/Mar/EnforcementActions.htm

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