Author Question: Toll Brothers is a high-end home buyer. Toll Brothers also owns First Rate Mortgage Brokers and ... (Read 94 times)

audie · **on:** Jun 24, 2018

Toll Brothers is a high-end home buyer. Toll Brothers also owns First Rate Mortgage Brokers and United First Title Company. Each Toll Brothers home buyer is referred to First Rate and United First for their mortgage and closing services once they have signed their contract with Toll Brothers. The homebuyers are not told of the relationships of Toll Brothers to First Rate and United First.
A)Toll Brothers has not violated RESPA because referrals are not prohibited under RESPA.
B)Toll Brothers has violated RESPA unless it can show that the fees it charges through its wholly owned entity are less than the buyers could obtain elsewhere.
C)Toll Brothers has violated RESPA.
D)RESPA does not apply to builder referrals to mortgage and title companies.

Question 2

Jane Sisnic hired a landscaping company to design and install landscaping in her backyard. Jane's backyard consisted of about one acre, with one side bordering on her neighbor's property and the remaining two sides bordering on national forest property. Jane walked the chief designer for the landscaper around her backyard and showed him what she thought her property boundaries were. The landscaping company began its work and in the process of building the fence along Jane's neighbor's property destroyed shrubs that were actually on the neighbor's property, cut down two of the neighbor's trees, and damaged a portion of the neighbor's grass. Who is liable to the neighbors for the damages?
A) Jane is liable because of her failure to verify the boundaries of her property.
B) No one is liable - these things happen with neighbors.
C) Because the acts were unintentional, they did not constitute trespass.
D) The surveyor who originally marked the property is liable for the errors.