RESPA Compliance for Partners
How the HALOFIX USA Partner Program complies with the federal Real Estate Settlement Procedures Act - and how that protects you from kickback liability.
What is RESPA §8?
The Real Estate Settlement Procedures Act (RESPA), codified at 12 USC §2607, prohibits any person from giving or receiving a fee, kickback, or thing of value in exchange for the referral of business involving a real-estate-settlement service. Settlement services covered by RESPA include title insurance, mortgage origination, appraisal, closing-settlement services, attorney services tied to closing, and certain home-services referrals tied to a pending mortgage transaction.
Penalties for a knowing violation are steep: a fine of up to $10,000, imprisonment for up to one year, or both. Civil suits can also recover three times the amount of the kickback (24 CFR §3500.14).
Our Partner Program is designed to help identify RESPA-restricted referrals, set restricted commissions to $0, and give Partners a clear way to flag settlement-service context.
How HALOFIX USA Enforces RESPA
RESPA-restricted referrals = $0 commission
When a Resident books through your referral link and the service falls into a RESPA-restricted category (e.g., the booking is tied to a pending mortgage closing), the commission for that specific job is automatically set to $0. The job still completes, the Resident is served - but no payment flows to you, and no kickback exists.
This enforcement is automatic at the platform level. You do not need to manually identify RESPA-restricted referrals; the booking flow flags them based on Resident-disclosed context.
Restricted vs Not Restricted
Restricted ($0 commission)
- Referrals tied to a pending mortgage closing where the Resident is also closing a real estate purchase
- Referrals from a real estate agent or broker who has a financial interest in the home transaction
- Referrals from a title insurance company or settlement-services provider on the same closing
- Referrals from a mortgage broker, lender, or loan officer on the loan being closed
Not Restricted (full commission)
- Existing-Resident referrals (no pending real estate settlement)
- Referrals from blogs, social media, or content sites you operate independently
- Referrals from a friend, family member, or neighbor with no settlement-services role
- Referrals from a property manager whose role is rental management (not settlement services)
These examples are illustrative, not legal advice. If you operate a real-estate-related business (broker, lender, title, settlement) and intend to refer Residents to HALOFIX USA, consult your own attorney on RESPA exposure before participating in the Partner Program.
Your Commission Tier (Non-Restricted Jobs)
For all jobs not classified as RESPA-restricted, you earn commission per the standard tier structure.
Starter
0 - 10 referrals
5%
of platform commission
Silver
11 - 25 referrals
7%
of platform commission
Gold
26+ referrals
10%
of platform commission
This page is not legal advice.
RESPA application can vary based on the specific structure of your referral activity and your professional role. Consult an attorney for guidance on your specific situation. HALOFIX USA enforces $0 commission on flagged RESPA-restricted referrals as a platform-level safeguard, not as a substitute for your own compliance review.
Related Topics
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