real estate law · claim
The Real Estate Settlement Procedures Act (RESPA) is a federal law that requires disclosure of certain costs associated with closing a residential real estate transaction. It aims to eliminate abusive practices in the real estate settlement process, particularly regarding kickbacks and referral fees.
There must be a residential real estate transaction involving a mortgage.
What to prove: It must be shown that a transaction that falls under the definitions of RESPA occurred.
The defendant must have failed to disclose the required information about the transaction.
What to prove: Plaintiff must demonstrate that the defendant did not provide the required disclosures as stipulated by RESPA.
The plaintiff must have incurred fees or charges that are subject to RESPA requirements.
What to prove: Evidence must show that the plaintiff paid fees for services connected to the settlement that should have been disclosed.
There must be a causal connection between the failure to disclose and the plaintiff's damages.
What to prove: Plaintiff must prove that the non-disclosure of information directly resulted in financial harm.
The plaintiff bears the burden of proof by a preponderance of the evidence.
Focus on the statutory requirements outlined in RESPA and how they relate to the elements of the claim. Common exam questions may include analysis of cases where disclosures were in dispute.