(2) No person who makes a recommendation has compelled a person (within the meaning of section 1024(2), `required use`) to use a particular settlement service provider or a business incident, unless that person is a lender to require a buyer, borrower or seller to pay for the services of a lawyer, a credit reporting agency or real estate lessor, which has been selected by the lender to represent the lender`s interest in a real estate transaction, or unless that person is a lawyer or law firm for the issuance of a title insurance policy for a client, directly as an agent or through a separate business title insurance agency, acting in addition to the lawyer`s law firm or law firm in the context of representing this client in a real estate transaction I cannot do so. (iii) Neither the mere marking of a value nor the fact that it can be calculated on the basis of an organizational document in respect of partnership companies or organizations or a franchise agreement determines whether it is a bona foit return from an ownership or franchise relationship. The analysis of facts and circumstances determines on a case-by-case basis whether something of value is such a return. A person in a position to recommend a settlement transaction means any real estate agent or agent, lender, mortgage broker, developer, lawyer, title company, securities agents or any other person who derives a significant portion of his or her gross income from the provision of settlement services. (A) any payment which has no obvious business reason as a basis for calculation, with the exception of the distinction between beneficiaries of payments on the basis of the amount of their actual, estimated or expected recommendations; (b) Violation and Exemption. A related trade agreement does not violate Section 8 of RESPA (12 U.S.C. 2607) and Section 1024.14 if the conditions set forth in this Section are met. Paragraph (b) (1) of this Section does not apply with respect to Section 8(c)(4)(A) of RESPA (12 U.S.). C.
2607 (c) (4) (A)) is incompatible. . . . .