§ 70D-2-305. Fee restrictions.

(1) A lender or broker may not accept a fee or deposit from an applicant for a mortgage loan unless at the time the lender or broker accepts the fee or deposit there is a written statement: (a) signed by the applicant; (b) stating whether or not the fee or deposit is refundable; and (c) describing the conditions, if any, under which all or a portion of the fee or deposit will be refunded to the applicant. (2) Notwithstanding Subsection (1), a lender or broker may accept a fee or deposit from an applicant for a mortgage loan if the lender or broker receives an email from the applicant acknowledging that the applicant was provided the information required by Subsections (1)(b) and (c).