Pass the Pennsylvania Real Estate Commission Real Estate Licensing RePA_Sales_S Questions and answers with CertsForce

Under49 Pa. Code § 35.314 (Duties of Dual Agents),a dual agent represents both the buyer and seller in the same transaction and must maintain neutrality by not disclosing confidential information unless required by law.

If the salesperson has knowledge that the sellers are getting divorced, this is considered confidential information that could harm their negotiating position.

Dual agents cannot disclose confidential facts that would disadvantage either party unless both parties agree in writing.

Disclosure of confidential details in a dual agency scenario would be a violation of Pennsylvania real estate law.

Why the other answers are incorrect:

Option B (Sub-Agent of Buyer):Asub-agent of the buyer has a fiduciary duty to the buyer and may disclose information that benefits them.

Option C (Transaction Licensee):Atransaction licensee does not represent either party and may disclose non-confidential information.

Option D (Designated Buyer Agent):Adesignated agent works solely for the buyer and is free to disclose information that benefits them.

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.

Under49 Pa. Code § 35.305 (Business Name on Advertisements),any advertisement placed by a real estate salesperson must include the name and phone number of their employing broker.

This ensures that the public knows which brokerage is responsible for the property listing and avoids misleading or unverified advertisements.

A salesperson cannot advertise properties without clearly identifying their broker to ensure compliance with advertising regulations.

Why the other answers are incorrect:

Option A (Municipality):While useful,this is not required in every ad.

Option B (Legal Description):A legal property descriptionis not requiredfor advertisements.

Option D (Name of the Principal):The seller's name does not need to be included in advertisements.

UnderThe Pennsylvania Real Estate Appraisers Certification Act (63 P.S. § 457.1-457.19),only a state-certified or licensed appraiser can perform real estate appraisals for loan purposes.

Real estate brokers and salespersons can perform Comparative Market Analyses (CMAs) but cannot legally perform an appraisal for a lender.

This restriction ensures that appraisals used for lending purposes meet state and federal standards.

Why the other answers are incorrect:

Option A (CMAs as Appraisals):CMAs arenotappraisals.

Option B (Before Offer Accepted):Thetiming of the appraisal does not change licensing requirements.

Option C (Disclosure to Lender):Even with disclosure,brokers are not permitted to conduct appraisals for loans.

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.

UnderThe Pennsylvania Landlord and Tenant Act of 1951 (68 P.S. § 250.512), a landlord mustreturn the tenant’s security deposit or provide a written explanation of any deductions within 30 days of lease termination.

If the landlord withholds any portion of the deposit, they must provide an itemized list of damages and the amount deducted.

If the landlord fails to return the deposit or provide an itemized list within 30 days, they forfeit their right to keep any portion of the deposit and may be subject to legal penalties.

The tenant must provide a forwarding address to receive the deposit or notice.

Why the other answers are incorrect:

Option A (5 Days):There is no 5-day requirement in Pennsylvania law.

Option C (60 Days):The landlord is required to act within30 days, not 60 days.

Option D (Immediately upon inspection):While an inspection may occur, thelaw grants the landlord up to 30 days to finalize deductions and return funds.

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.

Under49 Pa. Code § 35.331 (Written Agreements Generally),a copy of any written agreement (including listing agreements) must be provided to the parties at the time of signing.

This rule ensures transparency and protects clients from unauthorized changes to agreements.

Failure to provide an immediate copy is a violation of Pennsylvania real estate regulations.

Why the other answers are incorrect:

Option B (Broker Signature First):Thebroker does not need to sign before providing a copy to the client.

Option C (After Cancellation Period):There is no required waiting period before providing a copy.

Option D (Within 5 Days):The law statesit must be immediate, not within 5 days.

Under49 Pa. Code § 35.241 (Supervision and Operation of Offices),a licensed real estate salesperson must be supervised by a broker or an associate broker designated by the broker.

A broker may assign an associate broker (who has passed the broker exam but does not own the brokerage) to oversee salespersons.

Salespersons cannot work independently; they must work under the direction of a licensed broker or an assigned associate broker.

Why the other answers are incorrect:

Option A (Team Leader):A team leader is not a formal supervisory position under Pennsylvania law unless they are an associate broker or broker.

Option B (Salesperson):A salesperson cannot supervise other salespersons.

Option D (Transaction Coordinator):A transaction coordinator handles paperwork but does not supervise licensees.

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 licenseescannot just pick any course.

Option D (Carrying Over CE Hours):Continuing education hours do not carry overfrom one licensing period to another.