Martin Kiefaber sold his Arlington, Virginia, home on November 19, 2009. The buyers' real estate agent, Steven Thorman, who was affiliated with RE/MAX Allegiance, assisted the buyers in acquiring a home warranty in connection with that transaction. The
buyers requested that Kiefaber cover the cost of the home warranty. Kiefaber agreed and bought a $399 policy from HMS National, Inc that covered the home's appliances for one year. After Kiefaber funded the warranty, HMS paid RE/MAX $60 in connection with Thorman's involvement in the transaction. Kiefaber alleges that the $60 payment to RE/MAX was an illegal kickback for a referral in violation of the Real Estate Settlement Procedures Act. Is he correct?
?Court concluded as a matter of law, based on undisputed facts, that HMS paid the $60 fee for compensable services actually performed and that the fee was therefore not a prohibited referral fee. Kiefaber v. HMS Natl. Inc., 2012 WL 3192757 (E.D. Va. 2012).
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