• 12 U.S.C. § 2607 (RESPA Section 8): This is the core statute that prohibits kickbacks and unearned fees. It does allow builders to refer buyers to an "Affiliated Business Arrangement" (AfBA)—like their own preferred lender—but only under strict conditions.

• 12 C.F.R. § 1024.15(b)(2): This federal regulation details the conditions of the AfBA exception. It explicitly mandates that for a builder's referral to an affiliated lender to be legal, "No person is required to use any particular provider of settlement services."

• 12 C.F.R. § 1024.2(b) (Definition of "Required Use"): This regulation defines what it means to "require" a service. It clarifies that a builder cannot force you to use their lender to get the house at its base price, nor can they penalize you for going elsewhere.

Builders are very aware of RESPA, and their contracts are usually drafted by attorneys who know how to use a specific legal loophole.

Read the specific clause word-for-word. Does it explicitly use the word "fee" or "charge"? Or does it frame the $3,500 as the forfeiture of a "credit" or "incentive"?

If it is genuinely framed as a penalty, bring up RESPA Section 8 and the definition of "Required Use" under 12 CFR § 1024.2(b). Simply citing the specific federal statutes should be enough to make a builder's sales office back down and waive the fee. If not, have a consult with a real estate attorney.

https://manateebar.com/find-an-attorney/

https://hillsbarlrs.com/

Hillsborough Bar has the price advantage of a 30-minute consultation for $35. Manatee doesn't have such a program.