State Affiliated Business Laws

The following provides information on current state laws or regulations that prohibit or restrict the ability of real estate brokers/agents, home builders, mortgage lenders/brokers, title underwriters/egents, vendor management companies, and others to affiliate with each other for the purpose of offering diversified services or one-stop shopping.  To view RESPRO®'s position on state anti-affiliation laws, click here.  For other RESPA requirements affecting affiliated businesses, click here. 

RESPRO® Products and Services

• RESPRO®'s 2007 Survey of State Affiliated Business Laws
• RESPRO® members can join RESPRO®'s State Issues Task Force that meets monthly to discuss pending developments by contacting Sue Johnson

Other Information

• RESPRO® Urges Florida Regulator Not To Impose Conflicting State ABA Requirements (2010)
• RESPRO® Members Testify About Affiliated Businesses Before Pennsylvania Insurance Commission (June 2009)
• California Regulator Withdraws AfBA Rule; To Enforce Industry-Wide Illegal Rebates Instead (June 2009)
• California Considers Bill to Prohibit Builder-Mortgage Affiliations (March 2009)
• Kansas Committee Defers Action on Percentage Cap Bill (March 2009)
• Kansas Legislature To Consider Dropping Percentage Cap (February 2009)
• Analysis of the Lawsuit To Ban Ohio Affiliated Title Businesses (October 31, 2008)
• Texas Insurance Commission to Review Impact of Affiliated Title Businesses in State (August 2008)
• New York Commission Proposes to Ban Wearing "Two Hats" in the Same Transaction (August 2008)
• RESPRO® Urges Ohio Regulator to Not Unintentionally Restrict Affiliated Title Businesses
• Ohio Insurance Bulletin Could Harm Affiliated Title Businesses
• NAIC Working on Model Audit Standards to Expose Sham Joint Title Ventures
• California Insurance Commissioner to Institute Reporting Requirements For Affiliated Title Companies (May 2008)
• RESPRO® Meets with NY State Land Title Association on Legislation Affecting Affiliated Title Operations (2008)
• Washington State Senate Passes “Lockout” Law (2008)
• Wisconsin Title Advisory Group Studies Affiliated Businesses (February 2008)
• AfBA Regulatory Threats to Continue in 2008, RESPRO® Audio Seminar Speakers Say (February 2008)
• Illinois Regulator Issues Memorandum on Affiliated Title Businesses (February 2008)
• A Good Office Access Policy Can Help You Defend Against "Lockout" Claims (February 2008)
• New York Proposed Laws Require AfBAs to Have Multiple Sources of Businesses (2007)
• State Licensing Requirement s and AfBAs
• Does the Absence of a State Affiliated Business Exemption Mean that AfBAs Are Illegal in the State? (October 2007)
• Indiana Regulator Tables Legal Opinion Banning Affiliated Title Businesses (2007)
• RESPRO® Chapter of Texas Testifies Against Percentage Cap Limitation (2007)
• Competitors vs. AfBAs: Why Now?, By Sue Johnson, Esq. (June 2007)
• California Opens Door to Negotations Over Title Industry Reform
  Affiliated Businesses to be Part of Discussions (2007)
• GAO Presents Findings on Affiliated Businesses to NAIC Working Group (2007)
• A State Regulator’s Advice to Affiliated Businesses (CO Real Estate Division Director Erin Toll’s RESPRO® Annual Conference Presentation)(2007)
• Legal Experts Comment on Affiliated Business Class Action Lawsuit Against Coldwell Banker Burnet (March 2007)
• New Ohio Insurance Department Rule on AfBAs to Take Effect January 1 (2006)
• How the New Colorado Law Affects AfBAs in the State (2006)
• Volatile State ABA Regulatory Environment Discussed at RESPRO® Fall Seminar (2006)
• Alaska Division of Insurance Releases Report on Title Insurance Industry and AfBAs (October 2006)
• Alaska Division of Insurance Study on Title Industry and AfBAs (2006)
• New Ohio Predatory Lending Law Omits Affiliation Prohibition in Favor of Disclosure (2006)
• The New Colorado AfBA Law: A Viable Model for Other States or Not? (2006)
• Kansas Insurance Department Upholds Gramm-Leach-Bliley Act Preemption of Controlled Business Law (2006)
• The New State Scrutiny of Affiliated Businesses (2006)
• Kansas Insurance Department Preempts State Percentage Cap law for Savings and Loan (2006)
• Colorado Official Seeks to Increae ABA Licensing (April 2006)
• The State Regulatory Environment for Affiliated Businesses: The New Dynamic (2006)
• The State Regulator's Point of View of Affiliated Businesses (2006)
• The State Regulatory Environment for Affiliated Businesses: The New Dynamic (Jaworski, 2006)
• Illinois Regulator Issues Guidance on Affiliated Businesses (2006)
• Kansas Real Estate Commission Rules on Affiliated Businesses (2005)
• Court Preempts Massachusetts Cross-Marketing Restrictions for Depository Institutions (2005)
• Less Restrictive Kansas Anti-Affiliation Law Takes Effect (2005)
• Virginia Reminds Mortgage Brokers/Real Estate Agents of 'Dual Compensation' Prohibition (2004)
• 2004 Kansas Law Raising Percentage Cap Restriction on Affiliated Businesses from 20% to 70% ( 2004)
• RESPRO® Legal Corner: The Effect of Gramm-Leach-Bliley on State Affiliated Business Laws (2001)
• Kansas Insurance Commissioner Preempts State Affiliated Title Business Law (2001)
• Virginia Legislature Repeals State Ban on Joint Real Estate-Mortgage Ownership (2001)
• New Jersey Lets State Banks (But Not Mortgage Companies) Into Title Business (2000)
• Ohio Insurance Commission Sets Percentage Cap (2000)
• Colorado Authorizes Regulations on Real Estate-Title Referrals (1999)
• Virgina Expands Affiliated Business Disclosure Requirements (1999)