12 USC § 2616 - State laws unaffected; inconsistent Federal and State provisions

---
identifier: "/us/usc/t12/s2616"
source: "usc"
legal_status: "official_prima_facie"
title: "12 USC § 2616 - State laws unaffected; inconsistent Federal and State provisions"
title_number: 12
title_name: "BANKS AND BANKING"
section_number: "2616"
section_name: "State laws unaffected; inconsistent Federal and State provisions"
chapter_number: 27
chapter_name: "REAL ESTATE SETTLEMENT PROCEDURES"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 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.

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**Source Credit**: (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.)

## Editorial Notes

### Amendments

2010— substituted “Bureau” for “Secretary” wherever appearing.

1976— 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.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2010 Amendment

Amendment by  effective on the designated transfer date, see , set out as a note under , Government Organization and Employees.

### Effective Date of 1976 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date

Section effective 180 days after , see , set out as a note under .