IB 
Union Calendar No. 455 
112TH CONGRESS 
2D SESSION 
H. R. 2446 
[Report No. 112–633] 
To clarify the treatment of homeowner warranties under current law, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 7, 2011 
Mrs. BIGGERT (for herself and Mr. CLAY) introduced the following bill; which 
was referred to the Committee on Financial Services 
JULY 31, 2012 
Additional sponsors: Mr. WESTMORELAND, Mr. MANZULLO, Mr. HUIZENGA of 
Michigan, Mr. KING of New York, Ms. MOORE, Mr. LATHAM, Mr. DAVID 
SCOTT of Georgia, Mr. POSEY, Mr. FINCHER, Mr. STIVERS, Mr. 
CLEAVER, Mr. HINOJOSA, Mr. ROSS of Arkansas, Mr. COHEN, Mrs. CAP-
ITO, Ms. SEWELL, Mr. BACA, Mr. ROE of Tennessee, Mrs. BLACKBURN, 
Mr. JONES, Mr. CRAWFORD, Mr. DUNCAN of Tennessee, Mr. ROYCE, Mr. 
LUETKEMEYER, Ms. HAYWORTH, Mr. DESJARLAIS, Mr. DOLD, Mr. COO-
PER, Mr. FLEISCHMANN, Mr. GRIMM, Mr. MCHENRY, Mr. SHERMAN, Mr. 
MEEKS, Mr. MCCOTTER, Mr. LEWIS of Georgia, Mr. GARY G. MILLER 
of California, Mr. GRIFFIN of Arkansas, Mr. HUNTER, and Mr. GUTHRIE 
JULY 31, 2012 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
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A BILL 
To clarify the treatment of homeowner warranties under 
current law, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘RESPA Home War-
ranty Clarification Act of 2011’’. 
SEC. 2. TREATMENT OF HOMEOWNER WARRANTIES. 
Section 8 of the Real Estate Settlement Procedures 
Act of 1974 (12 U.S.C. 2607) is amended by adding at 
the end the following new subsection: 
‘‘(e) HOMEOWNER WARRANTIES.— 
‘‘(1) IN
GENERAL.—Nothing in this section, 
section 2, or section 3 shall be deemed to include, 
or be deemed to have included, homeowner warran-
ties or similar residential service contracts for the 
repair or replacement of home system components or 
home appliances. 
‘‘(2) NOTICE.—Any person that pays another 
person not employed by the person for selling, adver-
tising, marketing, or processing, or performing an 
inspection in connection with, a homeowner war-
ranty or similar residential service contract for the 
repair or replacement of home system components or 
home appliances shall include the following state-
ment, in boldface type that is 10-point or larger, in 
any such warranty or contract offered or sold as an 
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incident to or as part of any transaction involving 
the origination of a federally related mortgage loan: 
‘‘NOTICE: THIS COMPANY MAY PAY 
PERSONS NOT EMPLOYED BY THE COM-
PANY
FOR
SELLING,
ADVERTISING, 
MARKETING, OR PROCESSING, OR PER-
FORMING AN INSPECTION IN CONNEC-
TION WITH, A HOMEOWNER WARRANTY 
OR
SIMILAR
RESIDENTIAL
SERVICE 
CONTRACT
FOR
REPAIRING
OR
RE-
PLACING HOME SYSTEM COMPONENTS 
OR HOME APPLIANCES.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘RESPA Home War-
ranty Clarification Act of 2012’’. 
SEC. 2. TREATMENT OF HOMEOWNER WARRANTIES. 
Section 8 of the Real Estate Settlement Procedures Act 
of 1974 (12 U.S.C. 2607) is amended by adding at the end 
the following new subsection: 
‘‘(e) HOMEOWNER WARRANTIES.— 
‘‘(1) IN GENERAL.—Nothing in this section, sec-
tion 2, or section 3 shall be deemed to include, or be 
deemed to have included, homeowner warranties or 
similar residential service contracts for the repair or 
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replacement of home system components or home ap-
pliances. 
‘‘(2) NOTICE BY HOME WARRANTY COMPANY.— 
Any person that pays another person not employed by 
the person for selling, advertising, marketing, or proc-
essing, or performing an inspection in connection 
with, a homeowner warranty or similar residential 
service contract for the repair or replacement of home 
system components or home appliances shall include 
the following statement, in boldface type that is 10- 
point or larger, in any such warranty or contract of-
fered or sold as an incident to or as part of any 
transaction involving the origination of a federally 
related mortgage loan: 
‘‘ ‘NOTICE: THIS COMPANY MAY PAY 
PERSONS NOT EMPLOYED BY THE COM-
PANY FOR SELLING, ADVERTISING, MAR-
KETING, 
OR 
PROCESSING, 
OR 
PER-
FORMING AN INSPECTION IN CONNEC-
TION WITH, A HOMEOWNER WARRANTY 
OR SIMILAR RESIDENTIAL SERVICE CON-
TRACT FOR REPAIRING OR REPLACING 
HOME SYSTEM COMPONENTS OR HOME 
APPLIANCES.’ 
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