6-840

6-840. Prohibitions; definitions

A. An escrow agent shall not accept any escrow in which a participant in the escrow is an affiliate of the escrow agent unless:

1. The affiliation is disclosed to all nonaffiliated participants in writing by the escrow agent.

2. Use of the affiliated escrow agent is not required by the affiliate as a condition of making a loan or entering into any other agreement with the nonaffiliated participants.

B. For the purpose of this section:

1. "Controlled escrow business" means the handling of an escrow by an escrow agent where an affiliate of the escrow agent is a participant in the escrow transaction.

2. "Participant" means the buyer, seller, lender, mortgage broker, mortgage banker, real estate broker or real estate salesman or any person who is a party to the escrow transaction.