Title 12 — Banks and Banking
Chapter 27 — Real Estate Settlement Procedures
§ 2606. Exempted transactions
Statutory text
In general
This chapter does not apply to credit transactions involving extensions of credit—
primarily for business, commercial, or agricultural purposes; or
to government or governmental agencies or instrumentalities.
Interpretation
In prescribing regulations under section 2617(a) of this title, the Bureau shall ensure that, with respect to subsection (a) of this section, the exemption for credit transactions involving extensions of credit primarily for business, commercial, or agricultural purposes, as provided in subsection (a)(1) 1 of this section shall be the same as the exemption for such credit transactions under section 1603(1) of title 15.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Real Estate Settlement Procedures Act of 1974
Pub. L. 93–533 § 7 · 88 Stat. 1724
Enacted · 12 U.S.C. § 2606
Pub. L. 93–533, § 7, as added Pub. L. 103–325, title III, § 312, Sept. 23, 1994, 108 Stat. 2221
Source evidence
Code source credit
Pub. L. 93–533, § 7, as added Pub. L. 103–325, title III, § 312, Sept. 23, 1994, 108 Stat. 2221Enacted provision · exact public law section
Sec. 7. disclosure of previous selling price of existing real property (a) No lender shall make any commitment for a federally 12 USC 2606. related mortgage loan on a residence on which construction has been completed more than twelve months prior to the date of such commitment unless it has confirmed that the following information has been disclosed in writing by the seller or his agent to the buyer— (1) the name and address of the present owner of the property being sold; (2) the date the property was acquired by the present owner (the year only if the property was acquired more than two years previously); and (3) if the seller has not owned the property for at least two years prior to the date of the loan application and has not used the property as a place of residence, the date and purchase price of the last arm’s length transfer of the property, a list of any subsequent improvements made to the property (excluding maintenance repairs) and the cost of such improvements. (b) the obligations imposed upon a lender by this section shall be deemed satisfied and a commitment for a federally related mortgage loan may thereafter lie made if the lender receives a copy of the written statement provided by the seller to the buyer supplying the information required by subsection (a). (c) Whoever knowingly and willfully provides false information Noncompliance, penalty. under this section or otherwise willfully fails to comply with its requirements shall lie fined not more than $10,000 or imprisoned for not more than one year, or both.Department of Commerce and Related Agencies Appropriations Act, 1997
Pub. L. 104–208 div. A title II § 2103(b) · 110 Stat. 3009
Amended · 12 U.S.C. § 2606
Pub. L. 104–208 designated existing provisions as subsec. (a)
Inserted · 12 U.S.C. § 2606
Pub. L. 104–208 inserted heading
Added · 12 U.S.C. § 2606
Pub. L. 104–208 added subsec. (b)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–208 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).Enacted provision · exact public law section
(b) Consistency of Real Estate Settlement Procedures Act and Truth in Lending Act Exemption of Business Loans.— Section 7 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2606) is amended— (1) by striking “This Act” and inserting the following: “(a) In General.— This Act”; and (2) by adding at the end the following new subsection: “(b) Interpretation.— In prescribing regulations under section 19(a), the Secretary shall ensure that, with respect to subsection (a) of this section, the exemption for credit transactions involving extensions of credit primarily for business, commercial, or agricultural purposes, as provided in section 7(1) of the Real Estate Settlement Procedures Act of 1974 shall be the same as the exemption for such credit transactions under section 104(1) of the Truth in Lending Act.”.Consumer Financial Protection Act of 2010
Pub. L. 111–203 title X § 1098(5) · 124 Stat. 1376
Substituted · 12 U.S.C. § 2606
Pub. L. 111–203 substituted “Bureau” for “Secretary”
Source evidence
Code amendment note
2010–Subsec. (b). Pub. L. 111–203 substituted “Bureau” for “Secretary”.Enacted provision · exact public law section
(5) in section 7(b) (12 U.S.C. 2606(b)) by striking “Secretary” and inserting “Bureau”;Effective date note
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
5 of 5 references resolved to an enrolled provision
Editorial Notes
References in Text
Subsection (a)(1) of this section, referred to in subsec. (b), was in the original “section 7(1) of the Real Estate Settlement Procedures Act of 1974”, and was translated as referring to section 7(a)(1) of that Act to reflect the probable intent of Congress.
Prior Provisions
A prior section 2606, Pub. L. 93–533, § 7, , 88 Stat. 1727, related to seller or his agent confirming that information concerning an existing residence was disclosed to buyer in writing before a commitment for a mortgage loan was made, prior to repeal by Pub. L. 94–205, § 6, , 89 Stat. 1158.
Amendments
2010–Subsec. (b). Pub. L. 111–203 substituted “Bureau” for “Secretary”.
1996—Pub. L. 104–208 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
Credits
1994–2010 · 3 acts
- 1994Pub. L. 93–533, § 7, as added Pub. L. 103–325, title III, § 312, , 108 Stat. 2221
- 1996amended Pub. L. 104–208, div. A, title II, § 2103(b), , 110 Stat. 3009–399
- 2010Pub. L. 111–203, title X, § 1098(5), , 124 Stat. 2104.
Show as published
(Pub. L. 93–533, § 7, as added Pub. L. 103–325, title III, § 312, , 108 Stat. 2221; amended Pub. L. 104–208, div. A, title II, § 2103(b), , 110 Stat. 3009–399; Pub. L. 111–203, title X, § 1098(5), , 124 Stat. 2104.)