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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q19-Q24):
NEW QUESTION # 19
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 # 20
When representing a seller, which of the following is a TRUE statement regarding the duties a licensee owes to the principal?
- A. A licensee is obligated to disclose to a consumer the minimum commission split between the licensee and the broker.
- B. A licensee is not obligated to disclose the existence of another offer during negotiations on a purchase contract.
- C. A licensee is required to keep confidential the price the seller would accept if lower than the list price.
- D. A licensee's obligation of confidentiality ends at the conclusion of the listing contract.
Answer: C
Explanation:
Alicensee has a fiduciary duty to keep the seller's pricing strategy confidential.
* 49 Pa. Code § 35.292 (Duties of Licensees Generally)states thata licensee must maintain confidentiality of information that could harm their client's negotiating position, including the minimum price the seller would accept.
* Confidentiality extends beyond the duration of the listing agreementunless the seller gives explicit permission to disclose information.
Why the other answers are incorrect:
* Option A (Confidentiality Ends After Listing):Confidentiality continueseven after the contract ends
.
* Option B (Not Disclosing Another Offer):In multiple-offer situations, disclosure may be required based on seller instructions.
* Option D (Commission Disclosure):The broker's commission arrangement isnot requiredto be disclosed to the public.
NEW QUESTION # 21
What MUST a licensee do before she can advertise, show, or offer a property?
- A. Prepare a preliminary appraisal of the property.
- B. Provide a list of clients for whom she has successfully completed real estate transactions in the area.
- C. Obtain authorization from the owner of the property.
- D. Prepare a comparative market analysis for the property.
Answer: C
Explanation:
Before advertising, showing, or offering any property, areal estate licensee must obtain written authorization from the property owner. This is a legal requirement to ensure that the licensee has the right to represent the property.
* 49 Pa. Code § 35.331 (Written Agreements Generally)states that a real estate licenseemusthave a written agreement with the property ownerbefore performing any real estate services, including advertising and showing the property.
* 49 Pa. Code § 35.332 (Exclusive Listing Agreements)further clarifies that exclusive agreementsmust be in writingand signed by both the owner and broker.
* Without the owner's written consent, a licensee could be subject to penalties or disciplinary action from the Pennsylvania Real Estate Commission.
Why the other answers are incorrect:
* Option A (Preliminary Appraisal):Licensees are not required to conduct appraisals unless they are certified appraisers.
* Option C (List of Clients):There is no requirement to provide a history of past transactions before listing or advertising a property.
* Option D (Comparative Market Analysis - CMA):A CMA is useful for pricing but isnot required before advertising or showing a property.
NEW QUESTION # 22
According to the Real Estate Commission, which of the following is REQUIRED to hold a real estate license in Pennsylvania?
- A. An individual selling five unimproved lots that she owns
- B. A bank selling its foreclosed properties
- C. A home builder selling his brand new houses
- D. An attorney who holds himself out as a provider of brokerage services
Answer: D
Explanation:
In Pennsylvania,any person engaging in brokerage activities (such as negotiating sales or leases for compensation) must hold a real estate licenseunless specifically exempted.
* 49 Pa. Code § 35.201 (Definitions) & 63 P.S. § 455.304 (Exemptions)allow attorneys to practice real estate without a license ONLY IF the services are incidental to their legal practice.
* If an attorney advertises as a real estate broker or regularly engages in real estate transactions beyond legal services, they must obtain a real estate license.
Why the other answers are incorrect:
* Option B (Home Builder Selling New Houses):Buildersare exemptwhen selling their ownnewly constructed homes.
* Option C (Banks Selling Foreclosures):Banks areexemptunder63 P.S. § 455.304 (a)(5)since they are not in the business of selling real estate for profit.
* Option D (Selling Five Unimproved Lots):Individuals selling their own propertydo not need a license
, even for multiple lots.
NEW QUESTION # 23
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 may disallow the animal if it is not federally registered as a support or service animal.
- B. Both state and federal laws require the landlord to allow any service or support animal.
- C. The landlord may disallow the animal if there are no other animals permitted in the building.
- D. The landlord must allow the service or support animal but may charge an additional deposit.
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 # 24
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