Idaho Admin. Code r. 18.05.01.031 - REBATES AND ILLEGAL INDUCEMENTS
01.
Items of
Value. A title entity will not provide items of value to a producer of
title business, consumer or member of the general public except as permitted in
Sections 031.02,
031.03,
031.04 and
031.05 of this chapter. If a
providing of things of value does not clearly fit into the rules in Sections
031.02,
031.03,
031.04, and
031.05, then it is not allowed.
Exhibit 1, located on our website at https://doi.idaho.gov/, is a partial, but
not all-inclusive, list of acts and practices that are considered illegal
inducements disallowed by Title 41, Idaho Code. (3-31-22)
02.
Permitted Consumer
Information. To facilitate the listing and sale of Idaho property,
certain consumer information may be provided without charge to licensed real
estate agents and brokers or to a person who owns the property for which the
request is made, but is limited to the following information: (3-31-22)
a. Listing Package is a single copy of a
listing package, property profile, or similarly named packet of information and
will consist of information relating to the ownership and status of title to
real property, and may include a single copy of only the following seven (7)
items: (3-31-22)
i. The last deed appearing of
record; (3-31-22)
ii. Deeds of
trust or mortgages which appear to be in full force and effect;
(3-31-22)
iii. A plat map
reproduction and/or a locater map; (3-31-22)
iv. A copy of applicable restrictive
covenants; (3-31-22)
v. Tax
information; (3-31-22)
vi. Property
characteristics such as number of rooms, square footage and year built; and
(3-31-22)
vii. Photographs,
including aerial, of the property. (3-31-22)
b. A listing package may include no more than
the seven (7) above described items of information and will not include market
value information, demographics, or additions, addenda, or attachments which
may be construed as conclusions reached by the title entity regarding matters
of marketable ownership or encumbrances. Photographs may be provided, but only
if the title entity does not pay a separate fee or provide any other
consideration to a person for that product or service . The title entity may
provide any photographs that are acquired through normal subscriptions or
licensing fees associated with obtaining access to county records for tax
information, property characteristics, or plat maps, as long as there is no
additional charge to the title entity for the production, reproduction or
delivery of the photographs. A generic cover letter with the printed standard
letterhead of the title entity may be attached to the listing package. The
cover letter may include a brief statement identifying by name only, which of
the seven (7) permitted items of information are attached thereto. The cover
letter may also contain a disclaimer as to conclusions of marketable ownership
or encumbrances. The content of the cover letter or listing package is strictly
limited to the foregoing and will specifically not include any advertising or
marketing for the benefit of the recipient. (3-31-22)
c. Market value information, demographics,
additions, addenda, photographs (other than as described in Paragraph 031.02.b)
or other attachments, which attachments may be construed as conclusions reached
by the title entity regarding matters of marketable ownership or encumbrances,
may be provided, but only upon receipt of a charge commensurate with the actual
cost of the work performed and the material furnished. (3-31-22)
d. A title entity may provide to licensed
attorneys and licensed appraisers only the following documents without charge;
(3-31-22)
i. A plat map reproduction;
(3-31-22)
ii. A copy of applicable
restrictive covenants; (3-31-22)
iii. The last deed appearing of record; and
(3-31-22)
iv. A cover letter as
described in Paragraph 031.02.b. (3-31-22)
03.
Advertising With Trade
Associations. (3-31-22)
a. No
advertisement may be placed in a publication that is published or distributed
by, or on behalf of, a producer of title business . Advertising in a trade
association publication is only permitted if the publication is an official
publication, published or distributed by, or on behalf of the trade association
with at least regular annual publications. The publications should be
nonexclusive (any title entity will have an equal opportunity to advertise in
the publication and at a standard rate). The title entity's ad will be purely
self-promotional. (3-31-22)
b. A
title entity is permitted to donate time to serve on a trade association
committee and may also serve as an officer or director for the trade
association. A title entity may also donate, contribute or otherwise sponsor a
trade association event if the event is a recognized association event that
generally benefits all members and affiliated members in an equal manner. The
donation cannot benefit selected producer of title business members of the
association unless through random process. Solicitation for the donation should
be made of all members and affiliated members in an equal manner. Donations are
per agent license or insurer and are limited to a cumulative donation value of
two thousand dollars ($2,000) or equivalent things of value collectively to all
trade associations per year. In addition, a title entity is allowed to
participate in or attend trade association events as long as the title entity
pays a fee commensurate with fees paid by other participants in the events.
These events include, but are not limited to, conventions, award banquets,
symposiums, breakfasts, lunches, dinners, open houses, sporting activities and
all other similar activities. (3-31-22)
04.
Self-Promotional
Advertising. (3-31-22)
a. A title
entity may distribute self-promotional items having an acquisition value of
less than twenty- five dollars ($25) to producers of title business, consumers,
and members of the general public. These self-promotional items are limited to
novelty gifts, advertising novelties, and generic business forms and
specifically do not include food, beverages, gift certificates, gift cards, or
other items that have a specific monetary value on their face or that may be
exchanged for any other item having a specific monetary value. Self-promotional
items will not contain the name, logo or any reference to a producer of title
business, trade association or donee. (3-31-22)
b. Self-promotional functions are limited to
the following two (2) types of functions: (3-31-22)
i. A title entity is permitted to conduct
educational programs. The education programs will only address title insurance
and escrow and other topics related thereto. A title entity is permitted to
expend no more than twenty dollars ($20) per person at an educational program.
For purposes of determining the maximum permitted expenditure, all costs
associated with the delivery of the educational program is considered,
including but not limited to, costs paid by the entity for travel,
refreshments, instructor or speaking fees and facility rental. A title entity
may participate in or make presentations at educational programs which are
conducted or presented by other entities. The title entity is not permitted to
expend any money to sponsor or cosponsor these programs, unless the educational
program is a trade association event in which case Subsection
031.03.b of this chapter will
apply. (3-31-22)
ii. A title entity
is permitted to have two (2) open houses per year. An open house is a
self-promotional function at the title entity's owned or occupied facility
(i.e. a Christmas party or any party, an open house for remodeling of its
facility, an open house for a new building to become the title entity's
facility). It is nonexclusive (all producers of title business are invited). A
title entity will not expend more than fifteen dollars ($15) per guest per open
house. A title entity cannot combine permitted expenditures for two (2) open
houses to be used for one (1) open house. A title entity also cannot accumulate
left over or unused expenditures from one (1) open house and use those
expenditures for a second open house. (3-31-22)
05.
Permitted Business
Entertainment. A title entity will not expend more than one hundred
dollars ($100) per person per day for all meals and/or events. Meals and events
will include, but not be limited to, breakfast, brunch, lunch, dinner,
cocktails, sporting events, sporting activities, trips and music and art
events. These meals or events may occur on or off the title entity's premises.
In addition, a title entity may entertain no more than four (4) persons who are
employed by or agents of any single producer of title business in a single day.
Spouses and/or guests of the producers of title business or employees or agents
are included in the count for purposes of determining the four (4) person
maximum. In addition, a person cannot be entertained by a title entity more
than three (3) days during any ten (10) day period of time. For purposes of
determining the maximum permitted expenditure, all costs associated with any
meals or events will be considered. This will include, but not be limited to,
costs paid by the title entity for travel, transportation, hotel, equipment or
facility rental, meals, cocktails, refreshments, registration or entry fees and
event tickets. Entertainment permitted under this rule cannot be conditional
upon or compensation for forwarding or directing title business to the title
entity. (3-31-22)
06.
Locale
of the Title Insurer or Title Insurance Agent Employees. A title entity
will not have any of its employees working in a work space location owned or
leased by a producer of title business unless: (3-31-22)
a. The space is secured by a bona fide
written lease or rental agreement. (3-31-22)
b. The space is separate from and can be
secured against access by other occupants of the premises. (3-31-22)
c. The rental paid for the workspace is
consistent with prevailing rental payments for similar space in the market area
of the location of the work space. (3-31-22)
d. The rental is not dependent on volume of
business and is paid only in cash (rental cannot be paid by trade or barter).
(3-31-22)
e. The space is open to
the conduct of business with any producer of title business or consumer .
(3-31-22)
f. There is no sharing of
employees. (3-31-22)
g. There is no
common usage of space or equipment between the title entity and the producer of
title business without a proportionate share of cost, rent, or expense paid by
each party. (3-31-22)
07.
Penalty. This Section emphasizes and restates the general
penalties authorized pursuant to Title 41, Idaho Code, for violations of the
anti-rebate and anti-illegal inducement laws. (3-31-22)
a. Section
41-2708(3), Idaho
Code, provides that each person and entity giving or receiving a rebate,
illegal inducement, or a reduction in rate is liable for three (3) times the
amount of such rebate, illegal inducement, or reduced rate. In addition to this
penalty, a title entity may also be subject to an administrative penalty as
outlined below. (3-31-22)
b.
Section 41-327, Idaho Code, provides that
the Director may impose an administrative penalty not to exceed five thousand
dollars ($5,000) and/or suspend or revoke an insurer's certificate of authority
if the Director finds, after a hearing thereon, that the insurer has either
violated or failed to comply with the Insurance Code. (3-31-22)
c. Section
41-1016, Idaho Code, provides that
the Director may impose an administrative penalty not to exceed one thousand
dollars ($1,000) and/or suspend or revoke an agent's license if the Director
finds, after a hearing thereon, that the agent has either violated or failed to
comply with the Insurance Code. (3-31-22)
Notes
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