Erick C. CARTER; Whitney A. Hayes-Carter; Joshua J. Grzecki, Plaintiffs-Appellants, United States of America, Intervenor,
v.
WELLES-BOWEN REALTY, INC.; Welles Bowen Title Agency, LLC; Welles Bowen Investors, LLC; Welles Bowen Mortgage, Inc.; The Danberry Co.; Integrity Title Agency of Ohio & Michigan, Ltd; Chicago Title Insurance Company; Danberry Title, LLC, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: October 16, 2013.
Decided and Filed: November 27, 2013.
Attorney(s) appearing for the Case
ARGUED: John T. Murray , Murray & Murray Co., L.P.A., Sandusky, Ohio, for Appellants.
Christine N. Kohl , United States Department of Justice, Washington, D.C., for Intervenor.
Derek E. Diaz , Hahn Loeser & Parks LLP, Cleveland, Ohio, for Appellees.
ON BRIEF: John T. Murray , Murray & Murray CO., L.P.A., Sandusky, Ohio, for Appellants.
SUTTON, J., delivered the opinion of the court, in which BATCHELDER, C. J., and BARZILAY, J., joined. SUTTON, J. (pp. 729-36), also delivered a separate concurring opinion.
United States Court of Appeals, Sixth Circuit.
OPINION
SUTTON, Circuit Judge.
Under the Real Estate Settlement Procedures Act, a title services company may not pay a real estate agent a fee in exchange for a referral. 12 U.S.C. § 2607(a). Exempted from this prohibition are "affiliated business arrangements." Id. § 2607(c)(4). The statute establishes three prerequisites for this safe harbor, and everyone agrees that the defendants in this case (several realty companies and title companies...
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