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A real estate settlement company hosts a free catered lunch for all agents at a local real estate brokerage and distributes branded merchandise. No formal referral agreement exists. Under RESPA Section 8, this arrangement is best described as:

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Correct answer: Potentially prohibited because the items may constitute a thing of value given to influence referrals

RESPA Section 8 broadly prohibits giving any 'fee, kickback, or thing of value' in exchange for the referral of settlement service business. A catered lunch and branded merchandise are 'things of value' under RESPA's expansive definition, even without a written agreement. The absence of a formal agreement (A) does not cure a Section 8 violation — the conduct, not the paperwork, controls. Items must be genuinely nominal (e.g., a pen) and truly educational (like a bona fide training seminar) to qualify for certain exceptions (B). Giving the benefit to all agents at a firm equally (D) does not eliminate the referral-inducement concern — the settlement company is still giving things of value to a group in a position to refer business.

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