Affiliated title programs fail when they're built on handshakes. Ours are built on the statute, the rule, and the case — and documented accordingly.
The Florida Supreme Court held that title agents may rebate their portion of the title insurance premium to the party paying it. In Florida, that party is customarily the developer–seller — which is why the rebate lands on your side of the closing statement, lawfully and transparently.
Federal law expressly permits affiliated business arrangements when three conditions are met: written disclosure, no required use, and returns paid only on ownership interest. We build all three into the corporate documents — not the marketing.
Florida sets title premiums by rule, so no one pays more through an affiliated agency. The rebate is where the advantage lives: same rate, less net cost to you.
Title agency licensing, trust accounting, and escrow controls under attorney supervision — with the record-keeping discipline of a firm that has defended its escrow conduct in court and prevailed.
Provided when an ABA is used, with clear explanation of the relationship and the buyer’s freedom to shop settlement services.
Purchase contracts and program materials never condition the deal on using an affiliated title or escrow provider.
ABA distributions track equity interest. We do not dress referral payments as ‘marketing fees’ or ‘admin retainers.’
Butler rebates appear where they belong — on the statement — so lenders, buyers, and auditors can see the economics.
Trust accounting and disbursement controls sit under Florida title agency rules and attorney oversight on every file.
Corporate, disclosure, and escrow records kept with the expectation they may be reviewed — because serious programs eventually are.
“Affiliated title always means the buyer overpays.”
In Florida the premium is promulgated. The buyer does not pay a higher rate because an affiliation exists.
“Rebates to developers are under-the-table kickbacks.”
Butler authorizes rebates to the premium payor. Done correctly, they are disclosed and settlement-reflected — the opposite of a kickback.
“If it’s affiliated, RESPA forbids it.”
RESPA forbids unearned fees and certain referral payments. It also carves out a safe harbor for properly structured ABAs.
Buyers are never required to use any affiliated settlement service provider. Affiliated Business Disclosures are built into the documents. Returns are paid on ownership interest — not referral fees. That is the safe harbor.
Bring counsel if you like. We'll walk through the documents, the disclosures, and how escrow is administered.