MSAs: Marketing Services Agreements
4 Clock Hours
Things advertising salespeople say to Realtors about co-marketing:
“It’s all perfectly legal, it’s all been reviewed by attorneys, don’t worry”
Are you sure?
A Marketing Services Agreement (MSA) is an agreement by which a settlement service provider, such as a real estate broker, agrees to market and promote the business of another provider, such as a mortgage company, in exchange for payment.
Marketing services might include Facebook or other Internet ads, sharing the expense of consumer lead generation programs, in-house lender agreements, renting space in a real estate office, and more.
Real Estate Settlement Procedures Act (RESPA) allows for the existence of joint advertising among settlement service providers, but the Consumer Financial Protection Bureau (CFPB) has expressed concern that many existing MSAs are framed as payments for advertising or some other service, but in some cases the payments are actually disguised as compensation for referrals.
What can we learn from recent consent orders by the Consumer Financial Protection Bureau against real estate industry vendors?
What steps can real estate brokers and company owners take to ensure RESPA compliance in light of the recent CFPB scrutiny of marketing services agreements?
How can real estate brokers easily analyze Zillow’s co-marketing program, lead generation partnerships, Facebook ad sharing, print ad cost sharing opportunities, and preferred lender agreements?
In this class we will learn the answers to these questions and more.All Scheduled Classes
RESPA, Section 8
Consumer Financial Protection Bureau (CFPB) Compliance Bulletin on MSAs
Marketing Services Agreements: Modern Day Extortion
CFPB Action Against Lighthouse Title
NAR Legal Bulletin on MSAs
Some end of course evaluations from this class:
“Made a topic on a dry and somewhat convoluted subject very real and understandable.”
“I now know how to avoid the co-marketing land mines.”
“Great info. I now have a more thorough understanding of co-marketing and RESPA problems.”
“Wow. You’ve shed more light on the dark side of kickbacks. The red flags will be easier for me to spot.”
“LOVED THIS CLASS! Very informative and interesting. Clear and concise. I learned a lot on a topic that is not well-discussed in our industry.”
“Positive experience. I now understand MSAs/Co-marketing and potential problem areas.”
“High quality educational experience compared to typical clock hour class.”
“The breadth and depth of coverage on RESPA and co-marketing exceeded my expectations.”
“GREAT! Interactive and informative.”
“Engaging, informative, insightful, helpful. Exceeded my expectations.”