With a marketing agreement, buyers are at the center of the concerns. This gives you a better shopping experience. The goal is to make the process of buying a home work smoothly and in a timely manner, while remaining comfortable for all concerned. Marketing services: 1) Use primarily „public“ advertising. Examples: (a) signage in sales offices, real estate listings and other locations, b) structured general messaging campaigns and/or direct mail containing general information about the service provider, a large number of customers and interested parties (no „direct sales conversation“ for a given customer), c) banner ads and/or links and social media; (d) a video loop or kiosk containing information about the service provider in places accessible to the public. 2) Treat „internal“ advertising (z.B. a real estate agent who markets the service provider to its brokers) secondly in meaning and 3) Do NOT follow MSA with individual real estate agents. Marketing services that are compensated should be effectively, necessary and distinguished from the services that the real estate agent or broker generally provides in the course of his or her work. There should be no payments for services in nominal terms or for services for which double charges have been collected. Service marketing agreements between lenders, billing service providers and real estate agents are useful to all parties. However, these agreements must be carefully developed to avoid possible legal pitfalls. Based on this analysis, the FAQs presented this example, as an MSA could violate these restrictions: A lender enters an MSA with a real estate agent who also made references to the lender.

The MSA requires the real estate agent to provide marketing services, including the decision and coordination of direct broadcast campaigns and media advertising for the lender. If (1) the real estate agent does not actually provide the marketing services identified by MSA, i.e. compensation greater than the fair market value of these marketing services is paid to the real estate agent; or (2) depending on the express or understood terms of the MSA, the lender compensates the real estate agent for the client`s recommendations to the lender. MSA Disclosure: 1) Inform buyers of the marketing relationship, that a tax is paid and that homebuyers are free to choose other billing service providers. For example, posting a disclosure from a billing provider in the distributor`s offices and/or including disclosure in addition to a real estate agent`s purchaser representation agreement.