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Best QualityRePA_Sales_S Exam Questions Pennsylvania Real Estate Commission Test To Gain Brilliante Result
NEW QUESTION # 23
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. Negotiate terms and conditions of occupancy.
- B. Hold money belonging to tenants other than on behalf of the owner.
- C. Enter into leases on behalf of the owner.
- 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.
NEW QUESTION # 24
Why is the following advertisement placed by a salesperson employed by ABC Realty, in violation of Pennsylvania Rules?
"Harrisburg $200,000 SUPER BUY Cozy 3br, 2 1/2 bath Cottage, near bus. For info call 555-9234 (home) or
675-6330 (office). Ask for JOHN DOE."
- A. No address is given.
- B. The MLS number is not included in the ad.
- C. The salesperson's name appears in the ad.
- D. The broker's name does not appear in the ad.
Answer: D
Explanation:
According to49 Pa. Code § 35.305(Business Name on Advertisements), alladvertisements placed by a salesperson must include the broker's name.
* Thebroker's name is missing, which violates Pennsylvania advertising requirements (Option C - Correct).
* The property address does not need to be in the ad (Option A - Incorrect).
* Salesperson names are allowed but must be accompanied by the broker's name (Option B - Incorrect).
* MLS numbers are not a requirement in all advertisements (Option D - Incorrect).
NEW QUESTION # 25
When a tenant who has a service or support animal applies to lease an apartment in a building that does not allow pets, which of the following rules may the landlord follow?
- A. The landlord must allow the service or support animal but may charge an additional deposit.
- B. Both state and federal laws require the landlord to allow any service or support animal.
- C. The landlord may disallow the animal if it is not federally registered as a support or service animal.
- D. The landlord may disallow the animal if there are no other animals permitted in the building.
Answer: B
Explanation:
UnderThe Fair Housing Act (42 U.S.C. § 3604)andThe Americans with Disabilities Act (ADA) (42 U.S.
C: § 12101),both service and emotional support animals must be allowed in rental properties, even in
"no pets" buildings.
* Service animals (such as guide dogs) and emotional support animals (ESA) are not considered
"pets" under federal and state law, so landlords cannot prohibit them.
* A landlord cannot charge an additional deposit or pet fee for service/support animals.
* The tenant must provide documentation from a licensed medical provider if the disability is not obvious, but there is no requirement for a formal "federal registration" of service animals.
Why the other answers are incorrect:
* Option B (Charge Additional Deposit):This is illegal under Fair Housing lawsbecause service animals are not "pets".
* Option C (No Pets Rule):A no-pets policydoes not applyto service animals.
* Option D (Federally Registered Service Animal):There is no federal registryfor service animals, so this is not a valid requirement.
NEW QUESTION # 26
A real estate licensee may be disciplined by the Pennsylvania Real Estate Commission for which of the following reasons?
- A. Habitual intoxication or drug addiction
- B. Any felony conviction
- C. Nonpayment of Federal income taxes
- D. Inability to obtain automobile liability insurance
Answer: A
Explanation:
Under49 Pa. Code § 35.291(Reporting of Crimes and Disciplinary Actions), a real estate licensee may face disciplinary action for engaging inunethical conduct, fraud, or incompetence. One of the reasons listed is habitual intoxication or drug addiction, as thisimpairsthe licensee's ability toproperly conduct real estate activities.
* A felony conviction (Option D - Incorrect) does not automatically result in disciplinebut is reviewed by the Commission.
* Failure to pay taxes (Option C - Incorrect) is a federal issue, not a licensing violation.
* Car insurance (Option A - Incorrect) is unrelated to a real estate license.
Reference:
49 Pa. Code § 35.291- Reporting of Crimes and Disciplinary Actions
NEW QUESTION # 27
What MUST a salesperson licensee convicted of a felony do?
- A. Provide the Real Estate Commission with information about the conviction
- B. Discuss the matter with the employing broker to decide what to do
- C. Immediately turn in the real estate license to the Real Estate Commission
- D. Terminate all real estate activities
Answer: A
Explanation:
According to49 Pa. Code § 35.288under"Reporting of Crimes and Disciplinary Actions", all licensees in Pennsylvania arerequired to notifythePennsylvania Real Estate Commissioninwritingwithin30 daysof any felony or misdemeanor conviction.
* A licensee doesnotautomatically lose their license upon conviction, but theCommission will reviewthe case and may takedisciplinary actionsuch as suspension or revocation of the license.
* Failing to reportthe conviction within the required time mayresult in additional penalties.
* Immediate license surrender (Option A)isnotrequired.
* Discussing with the broker (Option B)is not a sufficient step since theofficial duty is to inform the Commission.
* Terminating all activities (Option D)is not an automatic requirement unless theCommission suspends or revokes the license.
NEW QUESTION # 28
In the normal course of practicing real estate, a licensed real estate salesperson may:
- A. Directly receive a commission from the buyer as well as the seller.
- B. Receive commission and bonuses through their broker.
- C. Pay a referral fee directly to another licensed salesperson.
- D. Agree to split commissions with another licensee and pay the split directly to the other licensee.
Answer: B
Explanation:
Under49 Pa. Code § 35.283 (Compensation and Commission), asalesperson may only receive compensation through their employing broker.All commissions, bonuses, or referral fees must be paid by the broker and not directly to or from another licensee.
* A real estate salesperson cannot accept direct payment from clients, buyers, or sellers.
* Any bonus or commission earned must first go to the broker, who then distributes the appropriate amount to the salesperson.
Why the other answers are incorrect:
* Option A (Direct Commission from Buyer & Seller):Salespersonscannot accept direct payments from clients; all payments must go through their broker.
* Option B (Pay Referral Fee to Another Salesperson):Only brokers can pay referral fees.A salespersoncannotpay another licensee.
* Option D (Split Commission Directly with Another Licensee):Commissionsmust be handled by the broker, not between individual agents.
Reference:
49 Pa. Code § 35.283- Compensation and Commission
NEW QUESTION # 29
What are the permitted relationships between licensees and consumers as defined by the "Consumer Notice" and Pennsylvania regulations?
- A. Buyer agent, buyer sub-agent, seller agent, seller sub-agent, and dual agent.
- B. Buyer agent, seller agent, designated agent, dual agent, and rental agent.
- C. Buyer agent, seller agent, designated dual agent, and transaction licensee.
- D. Buyer agent, seller agent, designated agent, dual agent, and transaction licensee.
Answer: D
Explanation:
Under49 Pa. Code § 35.284 (Disclosures of Business Relationships),the Consumer Notice defines five types of permitted relationships between real estate licensees and consumers:
* Buyer's Agent- Represents the buyer and has a fiduciary duty to them.
* Seller's Agent (Listing Agent)- Represents the seller and has a fiduciary duty to them.
* Designated Agent- A brokerage firm designates different agents to represent buyers and sellers in the same firm without creating dual agency.
* Dual Agent- A licensee represents both the buyer and seller in the same transaction, with mutual consent.
* Transaction Licensee- A real estate licensee who provides services but does not represent either party as an agent.
Why the other answers are incorrect:
* Option A (Rental Agent):"Rental agent" is not a defined relationship in Pennsylvania law.
* Option B (Buyer & Seller Sub-Agent):Sub-agency is no longer common and is not a required disclosure.
* Option D (Designated Dual Agent):Dual agency and designated agency are separate concepts.
Reference:
49 Pa. Code § 35.284- Disclosures of Business Relationships
NEW QUESTION # 30
According to the Pennsylvania Real Estate Commission, which one of the following actions by a licensee is prohibited conduct?
- A. Failure to engage legal counsel to respond to a Commission request for information stemming from a complaint about the licensee
- B. Failure to disclose the licensee's use of a third party to acquire property listed by the licensee's office
- C. Taking a listing that has a duration of only 2 months
- D. Negotiating a commission that seriously undercuts those of other brokerage firms
Answer: B
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 # 31
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.
Reference:
63 P.S. § 455.304- Exemptions from Licensing Requirements
NEW QUESTION # 32
Interest earned on an escrow account is:
- A. Payable to the broker holding the deposit.
- B. Equally divided between the listing and selling brokers.
- C. Equally divided between the buyer and seller.
- D. Payable subject to an agreement between the parties.
Answer: D
Explanation:
Under49 Pa. Code § 35.326 (Escrow Accounts and Interest),interest earned on escrow accounts belongs to the party or parties as determined by the terms of the contract or agreement.
* A broker cannot personally benefit from interest earned on escrow funds unless the contract explicitly allows it.
* The purchase agreement must specify how the interest is handled, whether it is payable to the buyer, seller, or split between parties.
Why the other answers are incorrect:
* Option A (Payable to the Broker):A broker cannot keep interest from an escrow account unless agreed upon in writing.
* Option B (Equally Divided Between Buyer and Seller):Interest division is not automatic; it must be outlined in the contract.
* Option C (Equally Divided Between Brokers):Brokers do not have rights to escrow interest unless explicitly agreed upon.
NEW QUESTION # 33
The Real Estate Commission does NOT have the power to:
- A. Impose fines.
- B. Review escrow accounts.
- C. Certify residential appraisers.
- D. Suspend or revoke real estate licenses.
Answer: C
Explanation:
ThePennsylvania Real Estate Commission (PREC)has the authority toregulate real estate licenses but does not certify real estate appraisers.
* Real estate appraisers in Pennsylvania are regulated by the State Board of Certified Real Estate Appraisers, not the Real Estate Commission.
* The Commission's powers include:
* Suspending or revoking licensesfor violations.
* Imposing finesfor disciplinary actions.
* Auditing escrow accountsto ensure compliance with regulations.
Why the other answers are incorrect:
* Option A (Suspend or Revoke Licenses):TheCommission has the authority to discipline licensees.
* Option B (Impose Fines):TheCommission can fine violators for misconduct.
* Option C (Review Escrow Accounts):TheCommission can audit escrow accounts to protect client funds.
NEW QUESTION # 34
If a client requests to list their home for much more than the comparable market analysis (CMA) recommends, what is the duty of the salesperson?
- A. Require the seller to receive an appraisal before listing the property
- B. Provide the client financial advice as to how they can invest their assets to earn the amount they would like to receive
- C. Advise the client as to the reason it is in their best interest to list the property closer to the comparable market value
- D. Refuse the listing because accepting the listing would violate the Pennsylvania Real Estate Licensing and Registration Act
Answer: C
Explanation:
Areal estate licensee has a fiduciary duty to provide honest, professional advice to their clients, including pricing strategies based oncomparative market analysis (CMA).
* Under 49 Pa. Code § 35.292 (Duties of Licensees Generally), a licensee must act in the best interest of the client, which includes providing realistic pricing guidance.
* If a seller insists on listing at an inflated price, the agent should educate them on the risks, such as longer market time and reduced buyer interest.
* While the agent cannot force a seller to list at a lower price, they must ensure that the client makes an informed decision.
Why the other answers are incorrect:
* Option A (Require an Appraisal):CMAs are typically sufficient for pricing; an appraisal is only required in specific cases (e.g., lender requirements).
* Option B (Refuse the Listing):Overpricing is not illegal, so there is no licensing violation in accepting the listing.
* Option D (Providing Investment Advice):Real estate licensees are not financial advisorsand should not offer investment strategies.
NEW QUESTION # 35
In order to renew a real estate license in Pennsylvania, the licensee:
- A. must take 14 hours of CE courses specifically mandated by the Real Estate Commission.
- B. may include excess hours carried over from the previous licensing period to reach the total CE hours required for the current license term.
- C. must include in the required hours of CE any course mandated by the Real Estate Commission within the current licensing period.
- D. may take any combination of approved CE courses adding up to 14 hours of classroom instruction.
Answer: C
Explanation:
In Pennsylvania, a real estate licenseemust complete 14 hours of continuing education (CE) coursesduring each renewal period. Additionally,if the Pennsylvania Real Estate Commission mandates a specific CE course during the licensing cycle, licensees are required to take that course.
* 49 Pa. Code § 35.382 (Continuing Education Requirements)states that alicensee must complete the specific courses required by the Commission for each licensing cycle.
* Some renewal periods require specific courses, such as ethics or law updates, to ensure that licensees remain compliant with changing regulations.
Why the other answers are incorrect:
* Option A (14 Hours Specifically Mandated):Whilesomecourses may be mandatory, licensees can choose others from anapproved list.
* Option B (Any Combination of 14 Hours):Somespecific courses are required, meaning licensees cannot just pick any course.
* Option D (Carrying Over CE Hours):Continuing education hours do not carry overfrom one licensing period to another.
Reference:
49 Pa. Code § 35.382- Continuing Education Requirements
NEW QUESTION # 36
A listing agreement must contain all of the following EXCEPT:
- A. The broker's compensation.
- B. The broker's license number.
- C. The duration of the listing.
- D. A description of the services to be provided.
Answer: B
Explanation:
Under49 Pa. Code § 35.332 (Exclusive Listing Agreements), all listing agreements must specify the services provided, the duration of the agreement, and the compensation of the broker. However, there is no requirement to include the broker's license number.
* A listing agreement must clearly state the terms under which the broker will perform services and how they will be compensated.
* The duration of the agreement must also be specified to prevent misunderstandings.
Why the other answers are incorrect:
* Option A (Description of Services):This is a required component of the listing agreement.
* Option B (Duration of Listing):A listing agreement must have a start and end date.
* Option D (Broker's Compensation):Compensation must be clearly stated in the listing agreement.
NEW QUESTION # 37
Which entities are authorized to investigate charges against real estate licensees concerning illegal discrimination in the sale or rental of housing?
- A. The Pennsylvania Real Estate Commission and the Better Business Bureau
- B. The Pennsylvania Human Relations Commission and the Pennsylvania State Legislature
- C. The Pennsylvania State Legislature and the Pennsylvania Real Estate Commission
- D. The Pennsylvania Real Estate Commission and the Pennsylvania Human Relations Commission
Answer: D
Explanation:
Both thePennsylvania Real Estate Commission (PREC)and thePennsylvania Human Relations Commission (PHRC)haveauthority to investigate illegal discriminationin real estate transactions.
* The Pennsylvania Human Relations Commission (PHRC)is responsible for enforcingthe Pennsylvania Human Relations Act (PHRA), which prohibits discrimination in housing based on race, color, religion, ancestry, age, sex, national origin, disability, and familial status.
* The Pennsylvania Real Estate Commission (PREC)investigates complaints againstlicensed real estate professionalswho violate fair housing laws, including violations of theReal Estate Licensing and Registration Act (RELRA).
Why the other answers are incorrect:
* Option A (Pennsylvania State Legislature and PREC):The Legislaturemakes lawsbutdoes not enforcethem or conduct investigations.
* Option B (PREC and Better Business Bureau):TheBetter Business Bureau (BBB) is a private organizationand doesnot have legal enforcement authority.
* Option C (PHRC and Legislature):The Legislature doesnot investigate complaints, but the PHRC does.
References:
Pennsylvania Human Relations Act (PHRA) - 43 P.S. § 951(PHRC Enforcement) Real Estate Licensing and Registration Act (RELRA) - 63 P.S. § 455.101(PREC Enforcement)
NEW QUESTION # 38
An owner sells a house through a salesperson who works as an independent contractor for a broker. Before the closing, the owner fires the broker. However, the owner agrees to pay the salesperson a $1,000 fee for services. Which of the following is TRUE?
- A. The salesperson cannot legally accept the $1,000.
- B. The salesperson may only accept the $1,000 with the broker's consent.
- C. The owner can cancel any part of the sales contract at any time.
- D. The salesperson may legally accept the $1,000.
Answer: A
Explanation:
According to49 Pa. Code § 35.283(Compensation and Commission), asalesperson may not accept compensation from anyone other than their employing broker.
* A salesperson cannot accept direct payments from an owner or buyer (Option A - Correct).
* The owner cannot cancel the sales contract unilaterally (Option B - Incorrect).
* The salesperson may only be compensated through the broker, even if the owner agrees to direct payment (Option C & D - Incorrect).
NEW QUESTION # 39
If clients have questions regarding the sale of their home beyond the licensee's expertise, what MUST the salesperson do?
- A. Seek legal representation for the clients.
- B. Advise the clients to seek expert advice.
- C. Ask their associate broker and advise the clients of the answer.
- D. Advise the clients to seek another salesperson to represent them in the transaction.
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 # 40
What MAXIMUM length of time may a salesperson's real estate license be inactive before reactivation ceases to be possible without retaking and passing the licensing examination?
- A. 3 years
- B. 2 years
- C. 5 years
- D. 4 years
Answer: C
Explanation:
If a real estate license is inactive formore than 5 years, the licenseemust retake and pass the licensing exam to reinstate their license.
* 49 Pa. Code § 35.251 (Relicensure Following Revocation or Inactive Status)states that alicensee who has been inactive for over 5 years must complete all initial licensing requirements again, including the exam.
* A licensee can keep their license in inactive status indefinitely, but after 5 years, it requires reexamination.
Why the other answers are incorrect:
* Option A (2 Years) & Option B (3 Years):Licenseesmay reactivate their license within this period without retaking the exam.
* Option C (4 Years):Thelimit is 5 years, not 4.
NEW QUESTION # 41
When a licensed salesperson changes from one broker to another, the Pennsylvania Real Estate Commission MUST be notified within how many days after the intended date of the change?
- A. 0
- B. 1
- C. 2
- D. 3
Answer: B
Explanation:
Under49 Pa. Code § 35.301 (Changes in Employment Status),a salesperson must notify the Pennsylvania Real Estate Commission within 10 days of switching brokers.
* This ensures that the Commission's records remain up-to-date and that the salesperson is properly licensed under a supervising broker.
* Failure to report the change within 10 days can result in disciplinary action.
Why the other answers are incorrect:
* Option A (5 Days):The regulation clearly states10 days, not 5.
* Option C (15 Days):Thisexceeds the allowed time framefor notification.
* Option D (30 Days):Waiting 30 days is too long and would violate Pennsylvania licensing laws.
NEW QUESTION # 42
A salesperson who operates as an independent contractor for a broker is seldom in the office. Earnest money deposits received by this salesperson:
- A. Should be transmitted promptly after receipt to the broker.
- B. May be kept temporarily in an escrow account opened by the salesperson.
- C. May be held by the salesperson for 3 business days.
- D. Should be returned to the buyer to transmit to the broker.
Answer: A
Explanation:
Under49 Pa. Code § 35.324 (Handling of Deposits and Escrow Money), all earnest money deposits must be promptly transmitted to the employing broker for deposit into an escrow account.
* A salesperson cannot hold earnest money or maintain an escrow account on their own.
* Brokers are responsible for ensuring that all escrow funds are properly handled and protected from commingling.
Why the other answers are incorrect:
* Option A (Salesperson Holding Escrow Funds):Salespersons are prohibited from maintaining independent escrow accounts.
* Option C (Holding Funds for 3 Days):Earnest money must be turned over to the broker as soon as possible; salespersons cannot hold it for any period.
* Option D (Returning to Buyer for Transmission):Earnest money must go directly to the broker, not back to the buyer.
NEW QUESTION # 43
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Pennsylvania Real Estate Commission RePA_Sales_S Exam Syllabus Topics:
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