“No Split Title” Type Language Prohibited in Realcomp MLS Due to Potential RESPA Violations
The use of “No Split Title” language (or similar) is prohibited on MLS listings due to potential RESPA violations. This issue was reviewed by the Realcomp Board of Governors on Friday, August 22, 2025, following reports from MLS Subscribers regarding the increasing occurrence of this kind of verbiage being used on listings in the MLS. After much discussion and careful consideration of RESPA Section 9, the Realcomp Board passed the following MLS policy:
- To notify subscribers who are found to be in potential violation of RESPA by including reference to the requirement or suggestion that the buyer must use a specific title company or reference to “no split title” in the remarks section of the listing that this language must be removed within 48 hours. If it is not removed within the 48-hour requirement, the agent will be assessed a fine of $1,000 and the verbiage will be removed from the listing by Realcomp.
According to Section 9 of RESPA:
No seller of property that will be purchased with the assistance of a federally related mortgage loan shall require directly or indirectly, as a condition to selling the property, that title insurance covering the property be purchased by the buyer from any particular title company.
RESPA REMINDERS:
- Sellers are prohibited from specifying the title insurance provider for policies purchased by buyers.
- If the seller is covering the cost of title insurance, they may select the title company unless otherwise stipulated in the purchase agreement.
- The buyer’s lender retains the authority to designate the provider of the lender’s title insurance policy, regardless of the terms outlined in the purchase contract.
- Lenders may set conditions for home purchase loans, including the selection of both the title company and closing agent.
This new MLS policy becomes EFFECTIVE IMMEDIATELY and will be formally incorporated into Realcomp’s MLS Policies document soon.
Additionally, for further action, MLS Subscribers may report potential RESPA violations to the Consumer Financial Protection Bureau (CFPB) by visiting: https://www.consumerfinance.gov/complaint/.
If you have any questions about this information, please contact Realcomp’s Customer Care Department at support@realcomp.com. Thank you.