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Pennsylvania Real Estate Commission RePA_Sales_S Exam Syllabus Topics:
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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q20-Q25):
NEW QUESTION # 20
The provisions of the Real Estate Licensing and Registration Act apply to:
- A. A licensed auctioneer who is auctioning property.
- B. A real estate licensee selling real estate they own.
- C. A trustee who participates in real estate transactions under the authority of a court order.
- D. An attorney-at-law who participates in real estate transactions on behalf of a client.
Answer: B
Explanation:
Under63 P.S. § 455.304 (Exemptions from Licensing Requirements),most individuals selling their own property are exempt from real estate licensing requirements.However, a real estate licensee selling their own real estate must comply with disclosure laws and ethical obligations.
* If a real estate licensee sells their own property, they must disclose in all advertising that they are a licensed real estate professionalto avoid misleading the public.
* While a non-licensee selling their own property is not covered under real estate licensing laws, a licensed salesperson must adhere to licensing and disclosure laws.
Why the other answers are incorrect:
* Option A (Trustee under Court Order):Court-appointed trustees are exempt from real estate licensing requirements.
* Option B (Attorney Representing Clients):Attorneys are permitted to handle real estate transactions as part of their legal practice without a real estate license.
* Option D (Licensed Auctioneer):Auctioneers selling real estate are regulated under separate auctioneer licensing laws, not real estate licensing laws.
NEW QUESTION # 21
A salesperson has just obtained the seller's signature on an offer to purchase. When MUST the buyer receive a copy?
- A. In a reasonably practicable period of time
- B. Within 1 business day of the offer's acceptance
- C. At the closing
- D. Within 24 hours of the offer's acceptance
Answer: B
Explanation:
Under49 Pa. Code § 35.331 (Written Agreements Generally),all parties must receive a copy of a signed offer within 1 business day of acceptance.
* This ensures that buyers and sellers have full documentation of the transaction.
* Delaying delivery of signed contracts can lead to disputes and potential violations of real estate regulations.
Why the other answers are incorrect:
* Option A (24 Hours):While fast delivery is preferred, thelaw specifically states "1 business day."
* Option C (At Closing):Buyers must receive a copywell before closing.
* Option D (Reasonably Practicable Time):This istoo vagueand does not meet thespecific 1-business- day requirement.
Reference:
49 Pa. Code § 35.331- Written Agreements Generally
NEW QUESTION # 22
A person is employed by a real estate owner to manage a multifamily residential property. Which of the following activities is the person permitted to perform without a real estate license?
- A. Hold money belonging to tenants other than on behalf of the owner.
- B. Enter into leases on behalf of the owner.
- C. Negotiate terms and conditions of occupancy.
- D. Provide information on rental amounts and building rules and regulations.
Answer: D
Explanation:
Under49 Pa. Code § 35.201 (Definitions), an unlicensed individual who is directly employed by a property owner can perform certain tasks, such as providing rental information and enforcing building rules, but they cannot engage in leasing or negotiation activities.
* Providing information on rental amounts and building rules is considered administrative and does not require a real estate license.
* However, negotiating leases, collecting rents on behalf of third parties, or holding security deposits in a non-owner-controlled account would require a real estate license.
Why the other answers are incorrect:
* Option B (Entering into Leases):Only a licensed real estate broker or a supervised salesperson can legally execute lease agreements on behalf of a landlord.
* Option C (Negotiating Terms):Negotiating lease terms is an activity that requires a real estate license.
* Option D (Holding Tenant Funds Independently):Handling tenant funds outside of the owner's direct control is a brokerage activity and requires a real estate license.
Reference:
49 Pa. Code § 35.201- Definitions
NEW QUESTION # 23
According to the Pennsylvania Real Estate Commission, which one of the following actions by a licensee is prohibited conduct?
- A. Negotiating a commission that seriously undercuts those of other brokerage firms
- B. Taking a listing that has a duration of only 2 months
- C. Failure to disclose the licensee's use of a third party to acquire property listed by the licensee's office
- D. Failure to engage legal counsel to respond to a Commission request for information stemming from a complaint about the licensee
Answer: C
Explanation:
A real estate licensee in Pennsylvania isprohibited from failing to disclose any personal interestin a transaction. This includesusing a third party to purchase property listed by the licensee's own office.
* 49 Pa. Code § 35.283 (Disclosure of Interest)requires that alicensee must disclose any financial interest they have in a transaction.
* If a licensee arranges for a third party (such as a relative or business associate) to purchase a property without disclosure, this is considered a serious ethical violation.
Why the other answers are incorrect:
* Option A (Short Listing Duration):Listingsdo not have a minimum required time period, so a2- month duration is permissible.
* Option B (Undercutting Commission):Commission feesare negotiable, and the Real Estate Commission does not set a minimum fee.
* Option D (Legal Counsel Not Required):Licenseesare not required to hire legal counselto respond to Commission complaints, but they must respond honestly and fully.
NEW QUESTION # 24
If clients have questions regarding the sale of their home beyond the licensee's expertise, what MUST the salesperson do?
- A. Ask their associate broker and advise the clients of the answer.
- B. Advise the clients to seek expert advice.
- C. Advise the clients to seek another salesperson to represent them in the transaction.
- D. Seek legal representation for the clients.
Answer: B
Explanation:
Under49 Pa. Code § 35.292 (Duties of Licensees Generally), a real estate licensee must not provide professional advice in areas beyond their expertise. If clients need legal, tax, or structural advice, they should be referred to an appropriate expert.
* A real estate licensee should not attempt to answer questions related to law, taxes, or home inspections beyond their knowledge.
* Directing clients to consult an expert ensures that they receive accurate and legally sound advice.
Why the other answers are incorrect:
* Option A (Seek Legal Representation for Clients):A salesperson cannot act as a lawyer or obtain legal representation for clients.
* Option C (Ask Associate Broker and Advise Clients):If the matter is outside of real estate expertise, it must be referred to an expert, not just another broker.
* Option D (Advise Clients to Seek Another Salesperson):This does not solve the issue; clients need advice from the correct professional, not another salesperson.
NEW QUESTION # 25
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