Is this a potential RESPA violation. or smart marketing.

[Chinmay J.]

I was recently approached by a huge national lender (withholding name for privacy reasons.) to see f I would like to work with the leads that they provide me.  The only caveat is that I would have to split the commission 70-30 (in my favor of course). The referral fee (as they are calling it and not a kickback) doesn't go directly to the lender, but the parent company who owns the lending arm. Assuming they are not forcing any of their clients to work with me, and giving them only an option to work with me, is this still a RESPA/TILA violation?  If you take away the parent company, can the lender directly get a referral fee from the realtor for closing the deal, as long as proper disclosures were provided to the client, and no one is forcing anyone to use the other party.