(1) Nothing in section 10-11-124 or 10-11-126 shall be construed to prohibit payment of a fee to: (a) An attorney for services actually rendered; (b) A title insurance company to its duly appointed agent for services actually performed in the issuance of a policy of title insurance; or (c) A lender to its duly appointed agent for services actually performed in the making of a loan. (2) Nothing in section 10-11-124 or 10-11-126 shall be construed to prohibit payment to any person of: (a) A bona fide salary or compensation or other payment for goods or facilities actually furnished or for services actually performed; or (b) A fee pursuant to cooperative brokerage and referral arrangements or agreements between real estate brokers. (3) It shall not be a violation of section 10-11-124: (a) For an affiliated business arrangement to require a buyer, borrower, or seller to pay for the services of any attorney, credit reporting agency, or real estate appraiser chosen by the lender to represent the lender's interest in a real estate transaction; or (b) For an affiliated business arrangement where an attorney or law firm represents a client in a real estate transaction and issues or arranges for the issuance of a policy of title insurance in the transaction directly as agent or through a separate corporate title insurance agency that may be established by that attorney or law firm and operated as an adjunct to his or her law practice.
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