The lender must ensure that all fees charged to the borrower comply with all applicable federal, state and local laws and disclosure requirements.
If a borrower is represented by a real estate agent and must pay any fee directly to the agent, that expense must be included in the total of the borrower’s settlement requirements.
For additional information see Handbook 4000.1 II.A.4.d.i.(B)(2)(f); II.A.5.c.i.(B)(2)(f); II.A.6.a.x. available at https://www.hud.gov/program_offices/administration/hudclips/handbooks/hsgh