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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q47-Q52):
NEW QUESTION # 47
The Commission, after obtaining the facts of a verified complaint against a licensee, holding a hearing, and finding that licensee guilty, may:
- A. Imprison a licensee for no more than 90 days.
- B. Levy a fine of $2,000 - $5,000 if this is the licensee's first offense.
- C. Suspend or revoke a license and/or levy a fine of $1,000 or less.
- D. Make the licensee take up to 20 hours of ethics training.
Answer: C
Explanation:
Under63 P.S. § 455.305 (Civil Penalty Provisions),the Pennsylvania Real Estate Commission has the authority to suspend or revoke a license and impose fines of up to $1,000 per violation.
* The Commission can impose fines but does not have authority over criminal penalties such as imprisonment.
* Suspension or revocation is a common penalty for severe violations, including fraud, misrepresentation, or mismanagement of client funds.
Why the other answers are incorrect:
* Option A ($2,000 - $5,000 Fine):The fine limit for first offenses is typically $1,000 per violation.
* Option C (20 Hours of Ethics Training):Training may be recommended but is not an official penalty imposed by the Commission.
* Option D (90-Day Imprisonment):The Commission does not have authority to impose jail sentences.
NEW QUESTION # 48
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. Negotiating a commission that seriously undercuts those of other brokerage firms
- C. Failure to disclose the licensee's use of a third party to acquire property listed by the licensee's office
- D. Taking a listing that has a duration of only 2 months
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 # 49
In order to work as a property manager for compensation, an individual must:
- A. Complete a certification for property management.
- B. Pass a separate examination in principles of property management.
- C. Complete at least one course in property management every two years.
- D. Hold a real estate license and, if not a broker, be supervised by a broker.
Answer: D
Explanation:
Under49 Pa. Code § 35.201 (Definitions), property management activities that include leasing, collecting rent, and negotiating lease terms require a real estate license unless the individual is directly employed by the property owner.
* If a property manager is conducting leasing or rental activities for multiple property owners, they must be licensed and supervised by a broker.
* The law ensures that individuals managing properties for others operate under proper ethical and legal guidelines.
Why the other answers are incorrect:
* Option A (Certification for Property Management):No separate property management certification is required under Pennsylvania law.
* Option B (Separate Exam for Property Management):A separate exam for property management is not required.
* Option C (Ongoing Property Management Courses):Continuing education is required for license renewal, but specific property management courses are not mandatory.
NEW QUESTION # 50
A broker has been hired by a buyer to find an investment property. Upon locating a suitable property listed by another firm, the broker MUST:
- A. Recommend a professional inspection of the property.
- B. Disclose their dual representation, in writing, to both buyer and seller.
- C. Disclose to the listing broker or the seller that they represent the buyer.
- D. Initiate a title search of the property.
Answer: C
Explanation:
Under49 Pa. Code § 35.311 (Duties of Buyer's Agent),a buyer's agent must disclose their relationship to the listing broker or seller before providing substantive services.
* This ensures that all parties understand who represents whom in the transaction.
* Failure to disclose agency relationships could result in ethical violations and penalties from the Pennsylvania Real Estate Commission.
Why the other answers are incorrect:
* Option A (Initiate a Title Search):This is typically done by the buyer's attorney or title company,not the real estate broker.
* Option B (Recommend an Inspection):While good practice,it is not legally required under agency law.
* Option C (Disclose Dual Representation):This is incorrect because the broker is not acting as a dual agent in this case.
NEW QUESTION # 51
Interest earned on an escrow account is:
- A. Payable subject to an agreement between the parties.
- B. Payable to the broker holding the deposit.
- C. Equally divided between the buyer and seller.
- D. Equally divided between the listing and selling brokers.
Answer: A
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 # 52
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