We are looking at advertising a commercial construction project we are financing. As part of the ad, we are wanting to include the logo of the builder on the project. While the project is commercial, the builder also builds residential properties. If we do not require that the builder pay their fair and equitable share on this ad for a commercial construction project, could it be seen as a "thing of value" in exchange for referrals of residential deals, leading to a RESPA section 8 issue?

I would need to know more about the advertisement to piece together what the Section 8 implications may be.

One thing to start with, ask yourself what the intent of the advertisement really is. If the answer is that you are hoping to generate some residential mortgage business from the builder then you likely have Section 8 implications. If its something else, such as the builder is just one of a number of loan customers in your community that you highlight to show the bank's community involvement then you are moving away from having Section 8 concerns.