The Department of Housing and Urban Development (HUD) has agreed to delay for 90 days the implementation of a RESPA rule that would ban builders from offering discounts to home buyers that use their affiliated mortgage companies.

The National Association of Home Builders (NAHB) is trying to overturn the "required use" section of the new Real Estate Settlement Procedures Act rule that was slated to go into effect Jan. 16.

The builders have filed a complaint in a U.S. district count in Alexandria, Va., seeking an injunction to block implementation. A HUD spokesman said the department agreed to postpone the effective date so its attorneys "can argue the case on the merits of the issue." NAHB officials could not be reached for comment.

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