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On Page 5 of the closing disclosure, we are required to note contact information for the parties involved in the transaction. Here is my question. Is a realtor considered a Real Estate Broker for the disclosure requirements of this section?
The name of the real estate firm/company (i.e. broker) would be the name listed. You would also list the agent’s name and information in the “contact section”. See page 5 of the sample disclosure linked here:
https://files.consumerfinance.gov/f/201403_cfpb_closing-disclosure_cover-H25B.pdf.And comment 1026.38(r)(2) states:…“If the creditor, mortgage broker, seller’s real estate broker, consumer’s real estate broker, or settlement agent participating in the transaction is a natural person, the natural person’s name is listed in the § 1026.38(r)(1) and (r)(4) disclosures (assuming that such natural person is the primary contact for the consumer or seller, as applicable).”
So if the broker is a natural person and not a business you would list that person in the “name” section and the “contact” section if he/she is also the primary contact.The commentary to section 38(r) gives somem insight: https://www.bankersonline.com/regulations/12-1026-038#38r
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