RESPA Home Warranty Clarification Act of 2012

Bill: 112-hr-2446
Sponsor: Rep. Biggert, Judy [R-IL-13]
Introduced: 2011-07-07 in the House
Policy area: Housing and Community Development
Subjects: Consumer affairs
Contracts and agency
Housing finance and home ownership
Real estate business
Residential rehabilitation and home repair

Summary:
action_date: 2011-07-07
text: 
RESPA Home Warranty Clarification Act of 2011 - Amends the Real Estate Settlement Procedures Act of 1974 (RESPA) to state that no prohibited kickback or unearned fee incident to a real estate settlement service involving a federally related mortgage loan shall be deemed to include, or be deemed to have included, homeowner warranties or similar residential service contracts for the repair or replacement of home system components or home appliances.
 
Requires any person that pays another person not employed by the person for selling, advertising, marketing, or processing, 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, to include a specified statement reflecting this Act in any such warranty or contract incident to a transaction involving the origination of a federally related mortgage loan.

action_date: 2012-07-31
text: 
 RESPA Home Warranty Clarification Act of 2012 - Amends the Real Estate Settlement Procedures Act of 1974 (RESPA) to state that no prohibited kickback or unearned fee incident to a real estate settlement service involving a federally related mortgage loan shall be deemed to include, or be deemed to have included, homeowner warranties or similar residential service contracts for the repair or replacement of home system components or home appliances.
 
Requires any person that pays another person not employed by the person for selling, advertising, marketing, or processing, 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, to include a specified statement reflecting this Act in any such warranty or contract incident to a transaction involving the origination of a federally related mortgage loan.
 
Requires any person who has contracted to receive payment from a provider of such services for recommending the purchase of a home warranty or similar residential service contract, and is not an employee of such provider, to give the potential purchaser, upon first recommending such a purchase, a written notice informing the individual that such person has received or will receive compensation from the warranty company for the residential service. Allows the individual to opt out of purchasing such a warranty or service contract, or to purchase it from another provider.

action_date: 2012-08-01
text: 

(This measure has not been amended since it was reported to the House on July 31, 2012. The summary of that version is repeated here.)

 
RESPA Home Warranty Clarification Act of 2012 - Amends the Real Estate Settlement Procedures Act of 1974 (RESPA) to state that no prohibited kickback or unearned fee incident to a real estate settlement service involving a federally related mortgage loan shall be deemed to include, or be deemed to have included, homeowner warranties or similar residential service contracts for the repair or replacement of home system components or home appliances.
 
Requires any person that pays another person not employed by the person for selling, advertising, marketing, or processing, 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, to include a specified statement reflecting this Act in any such warranty or contract incident to a transaction involving the origination of a federally related mortgage loan.
 
Requires any person who has contracted to receive payment from a provider of such services for recommending the purchase of a home warranty or similar residential service contract, and is not an employee of such provider, to give the potential purchaser, upon first recommending such a purchase, a written notice informing the individual that such person has received or will receive compensation from the warranty company for the residential service. Allows the individual to opt out of purchasing such a warranty or service contract, or to purchase it from another provider.


Legislative actions:
action_date: 2012-08-02
text: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
action_date: 2012-08-01
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2012-08-01
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5612)
action_date: 2012-08-01
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5612)
action_date: 2012-08-01
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 2446.
action_date: 2012-08-01
text: Considered under suspension of the rules. (consideration: CR H5612-5613)
action_date: 2012-08-01
text: Mrs. Biggert moved to suspend the rules and pass the bill, as amended.
action_date: 2012-07-31
text: Placed on the Union Calendar, Calendar No. 455.
action_date: 2012-07-31
text: Reported (Amended) by the Committee on Financial Services. H. Rept. 112-633.
action_date: 2012-07-31
text: Reported (Amended) by the Committee on Financial Services. H. Rept. 112-633.
action_date: 2012-03-27
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2012-03-27
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-12-08
text: Forwarded by Subcommittee to Full Committee by Voice Vote .
action_date: 2011-12-08
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2011-07-19
text: Referred to the Subcommittee on Insurance, Housing and Community Opportunity.
action_date: 2011-07-13
text: Hearings Held by the Subcommittee on Insurance, Housing and Community Opportunity Prior to Referral.
action_date: 2011-07-07
text: Referred to the House Committee on Financial Services.
action_date: 2011-07-07
text: Introduced in House
action_date: 2011-07-07
text: Introduced in House