{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-4614.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-4614.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-4614.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-4614.html"}],"law_id":78129,"edition_id":1,"section_id":78129,"structure_id":13850,"section_number":"38.2-4614","catch_line":"Prohibition against payment or receipt of title insurance kickbacks, rebates, commissions and other payments; penalty","history":"1975, c. 184, \u00a7 38.1-733.1; 1986, c. 562; 1987, c. 174; 1993, c. 147; 1996, c. 883; 2002, c. 599.","full_text":"A\n\n1. No person selling real property, or performing services as a real estate agent, attorney, or lender incident to any real estate settlement or sale, shall pay or receive, directly or indirectly, any kickback, rebate, commission, thing of value or other payment pursuant to any agreement or understanding, oral or otherwise, that business incident to the issuance of any title insurance be referred to any title insurance company, title insurance agency or agent. No title insurance company, title insurance agency or agent shall give any such kickback, rebate, commission, thing of value or other payment pursuant to any such agreement or understanding. For purposes of this section, “thing of value” means any payment, advance, funds, loan, service or other consideration. This section shall not prevent any federally insured lenders, holding companies to which they belong, or subsidiaries of such lenders or holding companies from being licensed by the Commission as title insurance agents or agencies and receiving commissions from the sale of the title insurance policies in their capacities as title insurance agents or agencies.2\n\nNothing in this section shall be construed to prohibit (i) payments of sums spent for bona fide advertising and marketing promotions otherwise permissible under the provisions of the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq. or (ii) providing educational materials or classes, wherein such materials or classes are provided to a group of persons or entities pursuant to a bona fide marketing or educational effort.B\n\nAny person who knowingly and willfully violates this section shall be guilty of a misdemeanor and subject to a fine of not more than $1,000 for each violation. Any criminal charge brought under this section shall be by indictment pursuant to Chapter 14 (§ 19.2-216 et seq.) of Title 19.2.C\n\nNo person shall be in violation of this section solely by reason of ownership in a title insurance company, title insurance agency or agent as defined in this chapter, wherein such person receives returns on investments arising from the ownership interest. In addition, this section shall not prohibit (i) the payment to any person of a bona fide salary or compensation or other payment for services actually performed for the business of the title insurance company, title insurance agency or agent or (ii) any employer’s payment to its own bona fide employees for referrals. Any employer’s payment to its own employees for the referral of title insurance business shall be subject to the requirements of subdivision B 8 of § 38.2-1821.1.","order_by":null,"text":{"0":{"id":280069,"text":"1. No person selling real property, or performing services as a real estate agent, attorney, or lender incident to any real estate settlement or sale, shall pay or receive, directly or indirectly, any kickback, rebate, commission, thing of value or other payment pursuant to any agreement or understanding, oral or otherwise, that business incident to the issuance of any title insurance be referred to any title insurance company, title insurance agency or agent. No title insurance company, title insurance agency or agent shall give any such kickback, rebate, commission, thing of value or other payment pursuant to any such agreement or understanding. For purposes of this section, “thing of value” means any payment, advance, funds, loan, service or other consideration. This section shall not prevent any federally insured lenders, holding companies to which they belong, or subsidiaries of such lenders or holding companies from being licensed by the Commission as title insurance agents or agencies and receiving commissions from the sale of the title insurance policies in their capacities as title insurance agents or agencies.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":280070,"text":"Nothing in this section shall be construed to prohibit (i) payments of sums spent for bona fide advertising and marketing promotions otherwise permissible under the provisions of the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq. or (ii) providing educational materials or classes, wherein such materials or classes are provided to a group of persons or entities pursuant to a bona fide marketing or educational effort.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":280071,"text":"Any person who knowingly and willfully violates this section shall be guilty of a misdemeanor and subject to a fine of not more than $1,000 for each violation. Any criminal charge brought under this section shall be by indictment pursuant to Chapter 14 (§ 19.2-216 et seq.) of Title 19.2.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"3":{"id":280072,"text":"No person shall be in violation of this section solely by reason of ownership in a title insurance company, title insurance agency or agent as defined in this chapter, wherein such person receives returns on investments arising from the ownership interest. In addition, this section shall not prohibit (i) the payment to any person of a bona fide salary or compensation or other payment for services actually performed for the business of the title insurance company, title insurance agency or agent or (ii) any employer’s payment to its own bona fide employees for referrals. Any employer’s payment to its own employees for the referral of title insurance business shall be subject to the requirements of subdivision B 8 of § 38.2-1821.1.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13850,"edition_id":1,"name":"Title Insurance","identifier":"46","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:46:04","date_modified":"2026-06-26 03:46:04","permalink":{"id":217153,"object_type":"structure","relational_id":13850,"identifier":"46","token":"38.2\/46","url":"\/38.2\/46\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60163,"structure_id":13850,"section_number":"38.2-4600","catch_line":"Class of insurance and insurance companies to which chapter applies","url":"\/38.2-4600\/","token":"38.2\/46\/38.2-4600","metadata":false},{"id":61532,"structure_id":13850,"section_number":"38.2-4601","catch_line":"Title insurance company defined","url":"\/38.2-4601\/","token":"38.2\/46\/38.2-4601","metadata":false},{"id":65120,"structure_id":13850,"section_number":"38.2-4601.1","catch_line":"Title insurance agency or agent defined","url":"\/38.2-4601.1\/","token":"38.2\/46\/38.2-4601.1","metadata":false},{"id":73355,"structure_id":13850,"section_number":"38.2-4602","catch_line":"What laws applicable","url":"\/38.2-4602\/","token":"38.2\/46\/38.2-4602","metadata":false},{"id":55288,"structure_id":13850,"section_number":"38.2-4603","catch_line":"What companies may transact title insurance","url":"\/38.2-4603\/","token":"38.2\/46\/38.2-4603","metadata":false},{"id":67063,"structure_id":13850,"section_number":"38.2-4604","catch_line":"Investment in plant and equipment","url":"\/38.2-4604\/","token":"38.2\/46\/38.2-4604","metadata":false},{"id":54872,"structure_id":13850,"section_number":"38.2-4605","catch_line":"Interim binders","url":"\/38.2-4605\/","token":"38.2\/46\/38.2-4605","metadata":false},{"id":79727,"structure_id":13850,"section_number":"38.2-4606","catch_line":"Forms to be filed with Commission","url":"\/38.2-4606\/","token":"38.2\/46\/38.2-4606","metadata":false},{"id":60596,"structure_id":13850,"section_number":"38.2-4607","catch_line":"Maximum risk","url":"\/38.2-4607\/","token":"38.2\/46\/38.2-4607","metadata":false},{"id":74319,"structure_id":13850,"section_number":"38.2-4608","catch_line":"Title insurance rates","url":"\/38.2-4608\/","token":"38.2\/46\/38.2-4608","metadata":false},{"id":79630,"structure_id":13850,"section_number":"38.2-4609","catch_line":"Loss or claim reserves","url":"\/38.2-4609\/","token":"38.2\/46\/38.2-4609","metadata":false},{"id":60467,"structure_id":13850,"section_number":"38.2-4610","catch_line":"Repealed","url":"\/38.2-4610\/","token":"38.2\/46\/38.2-4610","metadata":false},{"id":80196,"structure_id":13850,"section_number":"38.2-4610.1","catch_line":"Unearned premium reserve","url":"\/38.2-4610.1\/","token":"38.2\/46\/38.2-4610.1","metadata":false},{"id":59674,"structure_id":13850,"section_number":"38.2-4610.1:1","catch_line":"Unearned premium reserves of foreign title insurance companies","url":"\/38.2-4610.1_1\/","token":"38.2\/46\/38.2-4610.1_1","metadata":false},{"id":60470,"structure_id":13850,"section_number":"38.2-4610.2","catch_line":"Loss reserves","url":"\/38.2-4610.2\/","token":"38.2\/46\/38.2-4610.2","metadata":false},{"id":56376,"structure_id":13850,"section_number":"38.2-4611","catch_line":"Repealed","url":"\/38.2-4611\/","token":"38.2\/46\/38.2-4611","metadata":false},{"id":77761,"structure_id":13850,"section_number":"38.2-4613","catch_line":"Unearned premium reserve to be held and administered for benefit of policyholders","url":"\/38.2-4613\/","token":"38.2\/46\/38.2-4613","metadata":false},{"id":78129,"structure_id":13850,"section_number":"38.2-4614","catch_line":"Prohibition against payment or receipt of title insurance kickbacks, rebates, commissions and other payments; penalty","url":"\/38.2-4614\/","token":"38.2\/46\/38.2-4614","metadata":false},{"id":85851,"structure_id":13850,"section_number":"38.2-4615","catch_line":"Exchange of information","url":"\/38.2-4615\/","token":"38.2\/46\/38.2-4615","metadata":false},{"id":57124,"structure_id":13850,"section_number":"38.2-4616","catch_line":"Notification to buyers of the availability of owner's title insurance","url":"\/38.2-4616\/","token":"38.2\/46\/38.2-4616","metadata":false}],"previous_section":{"id":77761,"structure_id":13850,"section_number":"38.2-4613","catch_line":"Unearned premium reserve to be held and administered for benefit of policyholders","url":"\/38.2-4613\/","token":"38.2\/46\/38.2-4613","metadata":false},"next_section":{"id":85851,"structure_id":13850,"section_number":"38.2-4615","catch_line":"Exchange of information","url":"\/38.2-4615\/","token":"38.2\/46\/38.2-4615","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-4614\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 184 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 562; in 1987, chapter 174; in 1993, chapter 147; in 1996, chapter 883<\/a>; in 2002, chapter 599<\/a>.<\/p>","references":false,"refers_to":[{"id":60512,"section_number":"19.2-216","catch_line":"Definition of indictment, presentment and information","order_by":null,"url":"\/19.2-216\/"},{"id":62300,"section_number":"38.2-1821.1","catch_line":"Exceptions to licensing","order_by":null,"url":"\/38.2-1821.1\/"}],"permalink":{"id":217223,"object_type":"law","relational_id":78129,"identifier":"38.2-4614","token":"38.2\/46\/38.2-4614","url":"\/38.2-4614\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-4614\/","token":"38.2\/46\/38.2-4614","dublin_core":{"Title":"Prohibition against payment or receipt of title insurance kickbacks, rebates, commissions and other payments; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-4614","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. No person<\/span> selling real property, or performing services as a real estate agent, attorney, or lender incident to any real estate settlement<\/span> or sale, shall pay or receive, directly or indirectly, any kickback, rebate, commission<\/span>, thing of value<\/span> or other payment pursuant to any agreement or understanding, oral or otherwise, that business incident to the issuance of any title insurance be referred to any title insurance company<\/span>, title insurance agency or agent. No title insurance company<\/span>, title insurance agency or agent shall give any such kickback, rebate, commission<\/span>, thing of value<\/span> or other payment pursuant to any such agreement or understanding. For purposes of this section, “thing of value<\/span>” means any payment, advance, funds, loan, service or other consideration. This section shall not prevent any federally insured lenders, holding companies to which they belong, or subsidiaries of such lenders or holding companies from being licensed by the Commission<\/span> as title insurance agents or agencies and receiving commissions<\/span> from the sale of the title insurance policies<\/span> in their capacities as title insurance agents or agencies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Nothing in this section shall be construed to prohibit (i) payments of sums spent for bona fide advertising and marketing promotions otherwise permissible under the provisions of the Real Estate Settlement<\/span> Procedures Act, 12 U.S.C. § 2601 et seq. or (ii) providing educational materials<\/span> or classes, wherein such materials<\/span> or classes are provided to a group of persons<\/span> or entities pursuant to a bona fide marketing or educational effort. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> who knowingly and willfully violates this section shall be guilty of a misdemeanor<\/span> and subject to a fine of not more than $1,000 for each violation. Any criminal charge brought under this section shall be by indictment<\/span> pursuant to Chapter 14 (§ 19.2-216<\/a> et seq.) of Title 19.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No person<\/span> shall be in violation of this section solely by reason of ownership in a title insurance company<\/span>, title insurance agency or agent as defined in this chapter, wherein such person<\/span> receives returns on investments arising from the ownership interest. In addition, this section shall not prohibit (i) the payment to any person<\/span> of a bona fide salary or compensation or other payment for services actually performed for the business of the title insurance company<\/span>, title insurance agency or agent or (ii) any employer’s payment to its own bona fide employees for referrals. Any employer’s payment to its own employees for the referral of title insurance business shall be subject to the requirements of subdivision B 8 of § 38.2-1821.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITION AGAINST PAYMENT OR RECEIPT OF TITLE INSURANCE KICKBACKS, REBATES,\nCOMMISSIONS AND OTHER PAYMENTS; PENALTY (\u00a7 38.2-4614)\n\nA. 1. No person selling real property, or performing services as a real estate\nagent, attorney, or lender incident to any real estate settlement or sale, shall\npay or receive, directly or indirectly, any kickback, rebate, commission, thing\nof value or other payment pursuant to any agreement or understanding, oral or\notherwise, that business incident to the issuance of any title insurance be\nreferred to any title insurance company, title insurance agency or agent. No\ntitle insurance company, title insurance agency or agent shall give any such\nkickback, rebate, commission, thing of value or other payment pursuant to any\nsuch agreement or understanding. For purposes of this section, “thing of\nvalue” means any payment, advance, funds, loan, service or other\nconsideration. This section shall not prevent any federally insured lenders,\nholding companies to which they belong, or subsidiaries of such lenders or\nholding companies from being licensed by the Commission as title insurance\nagents or agencies and receiving commissions from the sale of the title\ninsurance policies in their capacities as title insurance agents or agencies.\n\n 2. Nothing in this section shall be construed to prohibit (i) payments of sums\n spent for bona fide advertising and marketing promotions otherwise permissible\n under the provisions of the Real Estate Settlement Procedures Act, 12 U.S.C.\n § 2601 et seq. or (ii) providing educational materials or classes,\n wherein such materials or classes are provided to a group of persons or\n entities pursuant to a bona fide marketing or educational effort.\n\nB. Any person who knowingly and willfully violates this section shall be guilty\nof a misdemeanor and subject to a fine of not more than $1,000 for each\nviolation. Any criminal charge brought under this section shall be by indictment\npursuant to Chapter 14 (§ 19.2-216 et seq.) of Title 19.2.\n\nC. No person shall be in violation of this section solely by reason of ownership\nin a title insurance company, title insurance agency or agent as defined in this\nchapter, wherein such person receives returns on investments arising from the\nownership interest. In addition, this section shall not prohibit (i) the payment\nto any person of a bona fide salary or compensation or other payment for\nservices actually performed for the business of the title insurance company,\ntitle insurance agency or agent or (ii) any employer’s payment to its own\nbona fide employees for referrals. Any employer’s payment to its own\nemployees for the referral of title insurance business shall be subject to the\nrequirements of subdivision B 8 of § 38.2-1821.1.\n\nHISTORY: 1975, c. 184, \u00a7 38.1-733.1; 1986, c. 562; 1987, c. 174; 1993, c. 147;\n1996, c. 883; 2002, c. 599.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}