State laws unaffected; inconsistent Federal and State provisions

  1. Law
  2. USC 12
  3. Banks And Banking
  4. REAL ESTATE SETTLEMENT PROCEDURES
  5. State laws unaffected; inconsistent Federal and State provisions

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§2616. State laws unaffected; inconsistent Federal and State provisions

This chapter does not annul, alter, or affect, or exempt any person subject to the provisions of this chapter from complying with, the laws of any State with respect to settlement practices, except to the extent that those laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. The Bureau is authorized to determine whether such inconsistencies exist. The Bureau may not determine that any State law is inconsistent with any provision of this chapter if the Bureau determines that such law gives greater protection to the consumer. In making these determinations the Bureau shall consult with the appropriate Federal agencies.

( Pub. L. 93–533, §18, Dec. 22, 1974, 88 Stat. 1731 ; Pub. L. 94–205, §9, Jan. 2, 1976, 89 Stat. 1159 ; Pub. L. 111–203, title X, §1098(10), July 21, 2010, 124 Stat. 2104 .)

Amendments

2010-Pub. L. 111–203 substituted "Bureau" for "Secretary" wherever appearing.

1976-Pub. L. 94–205 struck out "(a)" before "This chapter" and struck out subsec. (b) which provided for Federal protection against liability for acts done or omitted in good faith in accordance with the rules, regulations, or interpretations issued by the Secretary. See section 2617 (b) of this title.

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–205 effective Jan. 2, 1976, see section 12 of Pub. L. 94–205, set out as a note under section 2602 of this title.

Effective Date

Section effective 180 days after Dec. 22, 1974, see section 20 of Pub. L. 93–533, set out as a note under section 2601 of this title.


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