---
kind: "section"
citation: "12 U.S.C. § 1706f"
title: "12"
title_heading: "Banks and Banking"
number: "1706f"
heading: "Prohibition against kickbacks and unearned fees"
release: "119-102"
url: "https://uscodex.org/usc/12/1706f"
units:
  - "Chapter 13 — National Housing"
  - "Subchapter I — Housing Renovation and Modernization"
---

# §1706f. Prohibition against kickbacks and unearned fees

- (a) **In general—** Except as provided in [subsection (b)](#b), the provisions of sections [2602](/usc/12/2602.md), [2607](/usc/12/2607.md), [2614](/usc/12/2614.md), [2615](/usc/12/2615.md), [2616](/usc/12/2616.md), and [2617](/usc/12/2617.md) of this title shall apply to each sale of a manufactured home financed with an FHA-insured loan or [extension of credit](/usc/12/1843.md?p=c-14-F-iv), as well as to services rendered in connection with such transactions.
- (b) **Authority of the Secretary—** The Secretary is authorized to determine the manner and extent to which the provisions of sections [2602](/usc/12/2602.md), [2607](/usc/12/2607.md), [2614](/usc/12/2614.md), [2615](/usc/12/2615.md), [2616](/usc/12/2616.md), and [2617](/usc/12/2617.md) of this title may reasonably be applied to the transactions described in [subsection (a)](#a), and to grant such exemptions as may be necessary to achieve the purposes of this section.
- (c) **Definitions—** For purposes of this section—
  - (1) the term “federally related mortgage loan” as used in sections [2602](/usc/12/2602.md), [2607](/usc/12/2607.md), [2614](/usc/12/2614.md), [2615](/usc/12/2615.md), [2616](/usc/12/2616.md), and [2617](/usc/12/2617.md) of this title shall include an FHA-insured loan or [extension of credit](/usc/12/1843.md?p=c-14-F-iv) made to a borrower for the purpose of purchasing a manufactured home that the borrower intends to occupy as a personal residence; and
  - (2) the term “real estate settlement service” as used in sections [2602](/usc/12/2602.md), [2607](/usc/12/2607.md), [2614](/usc/12/2614.md), [2615](/usc/12/2615.md), [2616](/usc/12/2616.md), and [2617](/usc/12/2617.md) of this title shall include any service rendered in connection with a loan or [extension of credit](/usc/12/1843.md?p=c-14-F-iv) insured by the Federal Housing Administration for the purchase of a manufactured home.
- (d) **Unfair and deceptive practices—** In connection with the purchase of a manufactured home financed with a loan or [extension of credit](/usc/12/1843.md?p=c-14-F-iv) insured by the Federal Housing Administration under this subchapter, the Secretary shall prohibit acts or practices in connection with loans or extensions of [credit](/usc/12/5481.md?p=7) that the Secretary finds to be unfair, deceptive, or otherwise not in the interests of the borrower.

## Source credit

(June 27, 1934, ch. 847, title I, § 10, as added Pub. L. 110–289, div. B, title I, § 2149, July 30, 2008, 122 Stat. 2847.)