Can a title agent pay the CPL fees on behalf of the buyer or seller?
Nothing in the Act or Rule 87 requires a CPL fee to the buyer or seller. The CPL charge is a fee payable to the title insurer by the title agent for the issuance of a CPL. It is permissible to charge the CPL fee to the buyer or seller, but if a title agent chooses to not charge the buyer or seller the CPL fee, the agent will still be responsible for remitting the full amount of the CPL fee to the title insurer. Additionally, title agents who choose to not charge the buyer or seller should be aware of, and comply with, the RESPA rules on illegal kickbacks and inducements.
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- Can a title agent pay the CPL fees on behalf of the buyer or seller?