SB 577

Expands the requirements for the exemptions to the prohibitions against payment or receipt of title insurance kickbacks, rebates, commissions, and other payments under GS 58-27-5 to apply the following: (1) the payment may also be made from an employer to a bona fide employee, including the payment of a commission for the sale of title insurance; (2) the person or entity purchasing title insurance is not required to use any particular title insurance company, agency, or agent, except as permitted under regulations adopted pursuant to the federal Real Estate Settlement Procedures Act (Act) and (3) either the person or entity purchasing title insurance is provided with the Act’s written disclosure requirements as described or the person or entity purchasing title insurance isn’t provided with a written disclosure but they demonstrate that the failure was unintentional and resulted from a bona fide error notwithstanding maintenance of procedures that were reasonably adapted to avoid that error. Specifies that in any judicial or administrative proceeding the person or entity relying upon the error provisions has the burden of proof of establishing its applicability by a preponderance of the evidence.