Title Representation Changes…..

Effective January 1, 2009, SB 133 changes the way Title Marketing Representatives and Title Companies can solicit business in Californian.

Activities covered by the legislation are:

  • Reps can no longer take a person out for lunch/dinner, drinks or entertain to market title insurance.
  • Reps can no longer take people out to sporting events to market title insurance.
  • Reps cannot pay for any advertising in newspapers, newsletter, magazines or publications on behalf of Industry participants.
  • Reps cannot take photographs on behalf of Industry participants.
  • Reps cannot create or provide any marketing materials on behalf of Industry participants.
  • Reps cannot provide food or refreshments for any broker caravan, open house or any other function on behalf of an Industry participant.
  • Reps cannot quote or charge any title or escrow fees below their company’s filed rate.
  • Reps cannot distribute any items that have a specific monetary value, including gift cards, movie tickets, car washes, etc.
  • Rep can provide educational classes and material exclusively related to the business of title insurance or escrow.  Excluded  are food and drinks during the seminar.
  • Title Company employees are prohibited from using their own money to entertain customers.
  • Reps may not engage in any prohibited activity through a separate entity controlled by the Rep or Rep’s employees.
  • Reps will be required to be licensed by the Department of Insurance in California.
  • Reps found in violation of the new law can be  subject to fines, revoke of license and if license is revoked the Rep cannot apply for reinstatement of license for a period of 5 years.

For additional information on this law visit www.CLTA.org.

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