§ 2616. State laws unaffected; inconsistent Federal and State provisions

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.

1. 1974

   Real Estate Settlement Procedures Act of 1974

   Pub. L. 93–533 § 18 · 88 Stat. 1724

   Enacted · 12 U.S.C. § 2616

   Pub. L. 93–533, § 18, Dec. 22, 1974, 88 Stat. 1731

   Source evidence

   Code source credit
   Pub. L. 93–533, § 18, Dec. 22, 1974, 88 Stat. 1731

   Enacted provision · exact public law section
   Sec. 18. relation to state laws (a) This Act does not annul, alter, or affect, or exempt 12 USC 2616. any person subject to the provisions of this Act from complying with, the laws of any State with respect to settlement practices, except to the extent that those, laws are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. The Secretary is authorized to determine whether such inconsistencies exist. The Secretary may not determine that any State law is inconsistent with any provision of this Act if the Secretary determines that such law gives greater protection to the consumer. In making these determinations the Secretary shall consult with the appropriate Federal agencies. (b) No provision of this Act or of the laws of any State imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Secretary, notwithstanding that after such act or omission has occurred, such rule, regulation, or interpretation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

2. 1976

   Real Estate Settlement Procedures Act Amendments of 1975

   Pub. L. 94–205 § 9 · 89 Stat. 1157

   1. Struck · 12 U.S.C. § 2616

      Pub. L. 94–205 struck out “(a)” before “This chapter”

   2. Struck · 12 U.S.C. § 2616

      Pub. L. 94–205 struck out subsec. (b) which provided for Federal protection against liability for acts done or omitted in good faith in accordance with the rules, regulations, or interpretations issued by the Secretary. See section 2617 (b) of this title

   Source evidence

   Code amendment note
   Pub. L. 94–205 struck out “(a)” before “This chapter” and struck out subsec. (b) which provided for Federal protection against liability for acts done or omitted in good faith in accordance with the rules, regulations, or interpretations issued by the Secretary. See section 2617 (b) of this title.

   Enacted provision · exact public law section
   Sec. 9. Section 18 of the Real Estate Settlement Procedures Act of1974 is amended by striking out subsection (b) and by striking out 12 USC 2616. “(a)” in subsection (a).

3. 2010

   Consumer Financial Protection Act of 2010

   Pub. L. 111–203 title X § 1098(10) · 124 Stat. 1376

   Substituted · 12 U.S.C. § 2616

   Pub. L. 111–203 substituted “Bureau” for “Secretary” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 111–203 substituted “Bureau” for “Secretary” wherever appearing.

   Enacted provision · exact public law section
   (10) in section 18 (12 U.S.C. 2616), by striking “Secretary” each place that term appears and inserting “Bureau”; and

   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.

4 of 4 references resolved to an enrolled provision