Definitions and terms   

Title company  RCW 48.29.010

"Title company" includes any:  

  • Title insurance company  
  • Title insurance agent  
  • Any representative or employee of either  

Producers of title insurance business RCW 48.29.010(g) 

"Producers" includes:  

  • Real estate agents and brokers  
  • Lawyers  
  • Mortgagees  
  • Mortgage loan brokers  
  • Financial institutions  
  • Escrow agents 
  • Persons who lend money for the purchase of real estate or interests in real estate  
  • Building contractors  
  • Real estate developers and subdividers  
  • Anyone else who is or may be in a position to influence the selection of a title insurer or title insurance agent. 

Listing packages and property information

Title companies may provide the following information about a specific piece of property free of charge:

  • The last deed
  • Current deeds of trust, mortgages and contracts
  • A map that shows the dimensions and/or location
  • Restrictive covenants
  • Tax information
  • Property characteristics, such as the size, number of rooms and year built

Title insurance companies can only provide free title commitments. They must charge for info on deed position and encumbrances, or “home books.” They cannot contain anything that is primarily for the use of the realtor such as open house sign-in sheets.

Property information FAQs

Multiple Listing Service (MLS) advised realtors they should obtain a title commitment as soon as a listing is taken. Can a title company provide a free title commitment to realtors?  

Yes, according to the rule, title companies can choose to provide free title commitments. They can also choose to charge for them. In addition, title companies can choose to charge or not charge a cancellation fee for title commitments. See WAC 284-29-260(10) for details. 

Can a title company provide “home books” or other relocation packets to realtors that contain information about a specific real property parcel as well as general information about the area where the real property is located, for example, schools, parks, services, restaurants, etc.?  

Yes, but only when the title company charges and collects the cost of producing the home book or other information. Also, the home book or other information cannot contain any information or material that is primarily for the use of the realtor (open house sign-in sheet, etc.). Even if information contained in a home book is readily available at no cost to the title company, the home book itself is not “free,” as title insurance personnel incur time and expense to collect and distribute the information. See WAC 284-29-210. 

Is it legal for a title company to provide a producer with information on deed position and encumbrances for a parcel of property that is going up for foreclosure auction?

It's only legal if the title company charges and receives payment for the information. Except for a listing package as allowed under WAC 284-29-210(1). See WAC 284-29-210(5) for details.

The Multiple Listing Service (MLS) requires realtors to attach an “accurate and correct” or “Exhibit A” legal description to their MLS listing. As a result, realtors are requesting that title companies conduct additional research beyond just giving a copy of the last deed of record to comply with this requirement. Is a title company allowed to provide an “accurate and correct” or “Exhibit A” legal description to realtors?

No.  A title company cannot give anything of value to a producer unless it’s clearly and specifically permitted by the rules. The rules only permit title companies to give a copy of the last deed appearing of record. Therefore, since the provision of an “accurate and correct” or “Exhibit A” legal description is not clearly and specifically permitted in any of the rules, it is prohibited. See RCW 48.29.210(2), WAC 284-29-210, and WAC 284-29-260.

Advertising and flyers

Title companies can only advertise themselves— not a real estate agent or a property the agent is trying to sell — and they must pay the standard rate charged to the public. Title companies also cannot coordinate to appear in ads paid for or hosted by realtors or producers. This applies to all forms of advertising, including newspapers, phone books, the internet, social media, TV, and radio.

Title companies may give self-promotional items, such as pens and mugs, with their logos on them as long as each item costs less than $5.

Advertising and flyers FAQs

May a title company co-advertise with a real estate agent?  

No. This is specifically prohibited. See WAC 284-29-215(2) and (3) and 284-29-205(1),(9), and(14) for details.

May a title company that has produced a marketing template offer it to real estate agents and teach them how to use it?  

No. This is specifically prohibited. See WAC 284-29-215(2) and (3) and 284-29-205(13)(14) for details.

May a title company send an email blast that includes flyers or media attachments for homes that are for sale through various realtors?  

No. This is specifically prohibited. See WAC 284-29-260(6)(i) and (m) and 284-29-205(6),(9),(13), and (14) for details.

I work for or represent a title company, and I used to give flyer boxes to real estate agents for free. I know that’s not allowed, but may I sell them to them?  

No. The rules specifically prohibit giving flyer boxes, and they define “give” as including any transfer of a thing of value, whether or not you receive compensation. See WAC 284-29-205(5) and (13) and 284-29-260(6)(l) for details. Title company includes employees, representatives, and agents of title insurance companies and title insurance agents.

Can a title company provide self-promotional items with its logo on them to a producer if the items cost $5 or less?  

Yes, if the self-promotional item is not specifically prohibited. For example, folders are specifically not allowed, no matter the cost or presence of a logo. Each self-promotional item must cost $5 or less in total, including any taxes and shipping fees. You must pre-print logos on the actual self-promotional item. Attaching a sticker with the logo on it to the item is not allowed. See WAC 284-29-225 and WAC 284-29-260 for details.  

If a title company provides transaction coordination services for a producer and the producer compensates the title company for those services, can the title company employee performing the service include the producer's information in their email signature?  

No. A title company must not directly, indirectly, by payment to a third-party, or otherwise, use any means of communication or media to advertise on behalf of, for, or with a producer. See WAC 284-29-215(2) for details.  

Can title company staff buy an advertisement and use testimonials from real estate agents, and identify the agents and the office they work for in the advertisement?

No. Title companies cannot advertise with a producer per the title insurance rules. See WAC 284-29-205(13) and WAC 284-29-215(2) for details.  

Can a title company provide contact information on its website to a listing of homeowners associations in its county?  

This is permitted. Homeowners associations are not producers.  

Can a title company provide a link on its website to a county association of realtors?  

This is permitted. The title company website may link to a trade association's website.  

I manage a title company. Consumers whose homes are worth less than what they owe on their mortgages often ask us to recommend a short sale negotiation company to help in selling their home. We usually recommend an independent company, with whom we have no financial or other business connection. The negotiators do not refer title insurance or escrow business. The negotiators at this company are licensed real estate agents, as required by the Department of Licensing, but they do not list or sell property like a typical agent. Because we find their services both necessary to our customers and professionally sound, we would like to advertise with this company. No money will change hands, and the ad will simply let customers know we can provide information about and access to this company’s services, if needed. Can we advertise with this company without violating WAC 284-29-215?  

No. The definition of a “producer of title insurance business” as defined in RCW 48.29.010(3) specifically includes real estate agents and brokers. Any licensed real estate agent or broker may be in a position to influence the selection of a title company, even if he or she chooses to limit some or all of their business activities to short sale negotiations.  

Can a title company create and own a membership website for local producers, and the title company to provide an easy way for members to refer business to each other?  

No. This is prohibited. The website and service constitutes giving something of value to someone in a position to refer or influence the referral of title insurance business. In addition, it constitutes advertising on behalf of, for, or with a producer. See RCW 48.29.210(2) and WAC 284-29-215(2) for details.  

What kind of posting or response constitutes co-advertising on social media platforms?  

You can use social media for both commercial and personal purposes. A company may have a business social media page, and an individual may have both a business and a personal social media page. To determine whether social media posts, photos, or comments are co-advertising, you should consider what category the page falls under (commercial or personal) and the substance of the comments and responses.  

You may use business or personal social media message posts to announce training and classes, and attendees may submit comments as long as those comments do not indicate a professional affiliation.  

You may post on business or personal social media about successful closings with the homebuyer, as long as they do not include images or mention a real estate professional. This would be considered an endorsement.  

I work for a title company, but my friend works as a realtor. If I post a photo of us catching up over coffee on my social media page, is this considered co-advertising? 

Posting a photo together without referencing the title agency or real estate agency is allowed. If the post contains any references to the title agency or real estate agency, this would not be permissible.  

May a title agent share photos or videos of past events they attended in real estate before becoming a title agent that have agents' professional pages tagged in the shared post? 

No, this would not be permitted per WAC 284-29-215 (2), which prohibits a title licensee from “directly, indirectly, by payment to a third-party or otherwise, use any means of communication or media to advertise on behalf of, for, or with a producer…” WAC 284-29-205 (13).

Can a title company design flyers on the side for several real estate agents? 

No. Postcards, stamps, flyers, newsletters, folders, invitations, copying, cutting, or services related to preparing any of these items are all specifically prohibited. See WAC 284-29-260(6)(m) and 284-29-205(13) for details. 

Trade associations

Each title company may donate up to $1,000 per event, up to three total trade association events per year.

Title companies can sponsor a trade association educational program, subject to the limitations in WAC 284-29-235.

Title companies can choose to add links to trade association websites, but not any website or social media page for specific businesses that employ realtors or producers.

Trade association FAQs

A title company may provide a speaker at an educational program when the topic of the presentation is solely related to title insurance, escrow, or title to real property. In addition, a title company may sponsor a trade association event. Can a title company provide a speaker at a trade association event that it is sponsoring if the topic of the presentation is not limited to title insurance, escrow, or title to real property?  

Yes. A title company can provide a speaker at a trade association event, and the topic of the presentation may be related to subjects other than title insurance, escrow, or title to real property if the title company complies with the requirements related to sponsoring a trade association event. See WAC 284-29-220 and 284-29-235 for details.

Can a title company teach a free title or escrow education course for a trade association and not have it count as one of its three sponsorship opportunities?

Yes. A title company may teach a free title or escrow education course for a trade association without using one of its three sponsorship opportunities if the course meets the conditions set forth in WAC 284-29-235. 

Business entertainment, including meals

A title company may provide meals for real estate agents under certain circumstances.

Business entertainment FAQs

I work for or represent a title company, and I was invited to golf with some clients. My principal or employer will cover my greens fees, but won’t pay for the real estate agents. May I go?  

Yes. This is specifically allowed in the rules, as the employee is not incurring any of the costs associated with the activity. See WAC 284-29-255(4) and 284-29-205(13) for details.  

A real estate training company is putting on a seminar for about 150 to 200 local attendees. They've asked local businesses, including a local title company's office, to hand out free tickets to local mortgage and real estate companies. Is this allowed under the title rules?  

No. Title companies cannot provide non-title services to real estate agents without charging for those services. Providing free tickets to real estate agents by leaving them in a title company's public premises is also not allowed under the rules. Also, using title company employees to hand out tickets violates the rules. See WAC 284-29-255(1) for details.  

I am a representative or employee of a title company. May I be a member of a networking group that includes business owners, producers, and representatives or employees of a title company?  

Yes. This is allowed in the rules. See WAC 284-29-255(4) for details.

Our title company is having a party at a local country club for a longtime employee. We plan to serve food and drink. May we invite some producers?  

No. There are no exceptions to the rules for giving a thing of value to a producer for this type of gathering. WAC 284-29-230(3) defines “meal” to include receptions and cocktail parties. WAC 284-29-230(1)(b) defines that a business meal on behalf of anyone must include a substantial and substantive title insurance business discussion directly before, during, or after the business meal. It’s unlikely that this type of discussion would occur at a party. Even if the title company considers the party a “self-promotional” function under WAC 284-29-205(11) rather than a business meal, the function would have to be open to all producers and be held at the title company’s usual place of business under WAC 284-29-230(5)(a). This would also count as one of the twice-yearly self-promotional functions. WAC 284-29-230 (5).

If invited to a lender's function, can a title company attend and advertise its services?  

Yes, but only if the title company is attending and advising about its services. It cannot sponsor, pay for, or subsidize the function in any manner. See WAC 284-29-260(1)(a), (2) for details.

A title company may provide a speaker at an educational program when the topic of the presentation is solely related to title insurance, escrow, or title to real property. In addition, a title company may sponsor a trade association event. Can a title company provide a speaker at a trade association event that it is sponsoring if the topic of the presentation is not limited to title insurance, escrow, or title to real property?  

Yes. A title company can provide a speaker at a trade association event, and the topic of the presentation may be related to subjects other than title insurance, escrow, or title to real property if the title company complies with the requirements related to sponsoring a trade association event. See WAC 284-29-220 and 284-29-235 for details.

Training

Title companies may provide free training on title-insurance, title-to-real-property and escrow topics. They may provide refreshments that cost a maximum of $15 per person. They can provide training on another topic as long as it is open to everyone and the attendees pay to attend.

Title agents located in real estate offices

Title companies may rent a workspace from a real estate agent if the arrangement is covered in a lease, the rent reflects true market value, the title company employee actually uses the space at least 30 hours each week and he or she pays proportionately for any common fees.

Donations and memorials

Title companies may:

Employees of title companies can attend events hosted by charities and can choose to volunteer their time as long as they don’t violate any of the provided rules.

Donations and memorials FAQs

I work for or represent a title company, and I often go out to businesses to make presentations about various products we offer. Can I make a charitable donation in a real estate office's name in return for the opportunity to make such a presentation? The real estate office wouldn’t be required to buy the product.  

No. This is strictly prohibited. The contribution is being made indirectly in exchange for the referral of title insurance business. See WAC 284-29-250(2)(b) and 284-29-205(13) for details.

Can title company staff attend a producer luncheon for the benefit of a charity and bid on auction items if he or she makes the check payable directly to the charity?  

Yes. This is specifically allowed in the rules. See WAC 284-29-250(2)(a) for details.

Can a title company co-sponsor a charitable fund-raising event with a producer?  

No. A title company may only make a contribution directly to the charity, not sponsor a charitable fundraising event. See WAC 284-29-250(2) for details. Also, a title company cannot co-advertise with a producer in any manner whatsoever. See WAC 284-29-215 for details.  

My title company founded, organized, and hosted an annual fundraiser for a charitable foundation, which our local county association of realtors ran. We would like to continue to coordinate this event. We would organize and pay for all expenses for the event and then get reimbursed when the event is over. Can we still do this?  

No. WAC 284-29-250 permits a title company to contribute to a charity only if the contribution it makes is "payable directly to the charity," and it does not make the contribution, directly or indirectly, in exchange for the referral of title business. Title company employees may, however, attend and volunteer their time at events hosted by charities. The purchasing, arrangement, and securing of goods and services for this event is not the same as contributing funds directly to, and only to, the foundation itself. The intent of this rule is to limit charitable contributions to monetary contributions rather than in-kind donations.

Referrals

To help ensure compliance with applicable laws and regulations, title companies are prohibited from paying a referral fee to anyone, whether its called a referral fee, tracking fee, or anything else. Additionally, title companies may not offer discounted fees or pay fees for business referrals.

Referrals FAQs

Can a title company discount escrow fees for loans such as Department of Veterans Affairs (VA) loans?  

No. Title companies cannot discount fees to provide a more favorable fee to the lender or broker than the published rates. See RCW 48.29.210(2) , WAC 284-29-200(6), and 284-29-260(15) for details.  

Can a title insurer or agent pay a portion of the premium to another title insurer or agent in exchange for the referral of title insurance business?

No. But a split of the premium is allowed according to the agency agreement between the agent and the title insurer by which the agent is appointed.  

Under Washington state law, RCW 48.29.210(1), title companies may not pay fees for business referrals. Washington state law prohibits payment of these fees, even though the federal Real Estate Settlement Procedures Act (RESPA) may allow paying fees if the referring title company actually performs a service.  

As a real estate advertising company, may we set up a non-licensed entity that helps unrepresented property sellers get title and escrow services from licensed title companies for a fee or commission?  

No. Title companies may not give anything of value as a reward for referring title business. See RCW 48.29.210(1) for details.  

Can a title company pay a referral fee to someone for referring business to the title company?  

No. Title companies are prohibited from paying a referral fee to anyone, whether it is called a referral fee, tracking fee, or anything else. See WAC 284-29-260(14) for details.  

If a title company gives a discount or fee reduction to a developer/builder for their half of the escrow fee, must the title company also discount the other party's (buyer's) escrow fee?  

Title companies must charge escrow fees according to the escrow fee schedule filed with the Insurance Commissioner and comply with WAC 284-29-260(15). The escrow fee split must comply with the terms of the earnest-money agreement. Also, depending upon the circumstances, if the title company does not give the same discount to the buyer, the title company may be violating RCW 48.29.155(1) and (2).  

May a title company give a small thank-you gift to a borrower, buyer, or seller?  

No, a title company must not give anything of value to anyone as a reward for referring business or creating title insurance business for a title company.  See RCW 48.29.210(2) for details.  

A producer would like to teach a class under the title company’s name and/or sponsored by the title company. All fees collected from the class would be paid to the producer. Is this permitted?  

No. The time and expense to put on the class is a thing of value to the producer. For that reason, the title company is prohibited from sponsoring its class. See RCW 48.29.210(2) for details.  

Services

Title companies are limited in the types of services they can provide.

Services FAQs

May a title company allow a real estate broker to use any of its supplies or equipment to conduct real estate business (to receive offers, counteroffers, etc.) even if the title company is providing the title and/or escrow as part of the transaction?  

No. This is specifically prohibited. See WAC 284-29-260(8) for details.  

Can a title company design flyers on the side for several real estate agents? 

No. Postcards, stamps, flyers, newsletters, folders, invitations, copying, cutting, or services related to preparing any of these items are all specifically prohibited. See WAC 284-29-260(6)(m) and 284-29-205(13) for details.    

May a title company advance recording fees and only bill or invoice for the fees once a month, and receive a lump-sum payment for the monthly billing?

No. WAC 284-29-255(5) allows a title company to advance recording fees, but only if it is actually repaid promptly. Based upon title insurance industry practice, payment once a month is not “promptly.”  

Can a title company teach a free title or escrow education course for a trade association and not have it count as one of its three sponsorship opportunities?  

Yes. A title company may teach a free title or escrow education course for a trade association without using one of its three sponsorship opportunities if the course meets the conditions set forth in WAC 284-29-235. 

Can a home warranty company that's affiliated with a title company give away free items of value that the title company cannot give to producers? For example, free marketing templates that the producer can customize with their contact information.  

Yes, but only if the items are not given by, through, or in conjunction with the title company or its employees, agents, etc. The title inducement requirements don't apply to home warranty salespeople, but they do apply to title companies and their employees. See RCW 48.29.210 for details.