Which option is least likely to be considered an illegal kickback under RESPA?

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The reasoning behind the correct choice lies in the nature of the arrangement between ABC Brokerage and FOX Title. Under the Real Estate Settlement Procedures Act (RESPA), illegal kickbacks are typically defined as payments or other benefits given in exchange for referrals or business. However, when ABC Brokerage allows FOX Title to use its offices for closings, this is typically seen as an arrangement that could be permissible. It doesn't involve a direct exchange for referrals or a benefit that would influence the decision-making of either party in a way that violates RESPA guidelines.

This option emphasizes a logistical convenience rather than a financial incentive or quid pro quo arrangement that would raise concerns about kickbacks. By simply allowing an office space to be utilized, there is no incentive or improper referral structure in place that would be considered illegal under RESPA.

In contrast, the other choices involve payments or benefits that create an expectation of referrals or reciprocation, which is what RESPA aims to regulate to prevent conflicts of interest and ensure transparency in real estate transactions.

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