Affiliated Business Arrangement Disclosure (RESPA) vs. Affiliate Disclosure
An 'affiliated business arrangement disclosure' is a real-estate/RESPA requirement, not affiliate marketing. What it is, when it applies, and which disclosure you actually need.
If you searched for an “affiliated business arrangement disclosure” you may have landed here expecting affiliate-marketing guidance — but this term means something different and specific. An Affiliated Business Arrangement (AfBA) disclosure is a real estate and mortgage requirement under a federal law called RESPA, unrelated to affiliate marketing commissions. This page explains the difference so you know which one you need.
Two different “affiliate” disclosures
“Affiliate disclosure” in marketing means telling your audience you earn a commission on links. An “affiliated business arrangement disclosure” is a real-estate document about ownership relationships between settlement-service providers. Same word, entirely different rule.
What an AfBA disclosure is (RESPA)
The Real Estate Settlement Procedures Act (RESPA) governs real-estate settlement services — mortgage lenders, title companies, real-estate brokerages, and the like. When one settlement-service provider refers a consumer to another provider in which it has an ownership or financial interest, RESPA generally requires an Affiliated Business Arrangement Disclosure Statement. It tells the consumer about the relationship, states that they are generally not required to use the affiliated provider, and describes the range of charges.
When it applies
- You are a settlement-service provider (real estate, mortgage, title, etc.).
- You refer a consumer to another provider.
- You have an ownership or affiliate relationship with that provider.
In that situation, the AfBA disclosure is typically required at or before the referral, and RESPA restricts the kickbacks and fee-splitting that can accompany such referrals. This is a specialized area; providers should consult RESPA counsel and the Consumer Financial Protection Bureau (CFPB) guidance.
Which disclosure do you actually need?
| If you... | You need... |
|---|---|
| Earn commissions on affiliate/referral links (blog, social, review site) | An affiliate-marketing disclosure — see how to write one. |
| Refer consumers between affiliated real-estate/mortgage/title businesses | A RESPA Affiliated Business Arrangement disclosure (this page). |
If you are here for affiliate marketing, continue to what affiliate disclosure is and the disclosure templates. If you are dealing with real-estate settlement services, the authoritative source is the CFPB’s RESPA guidance.
Authoritative sources
Last reviewed July 2026. This page is general educational information, not legal or tax advice.