Which entities are authorized to investigate charges against real estate licensees concerning illegal discrimination in the sale or rental of housing?
Answer(s): D
Both the Pennsylvania Real Estate Commission (PREC) and the Pennsylvania Human Relations Commission (PHRC) have authority to investigate illegal discrimination in real estate transactions.The Pennsylvania Human Relations Commission (PHRC) is responsible for enforcing the 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 against licensed real estate professionals who violate fair housing laws, including violations of the Real Estate Licensing and Registration Act (RELRA).Why the other answers are incorrect:Option A (Pennsylvania State Legislature and PREC): The Legislature makes laws but does not enforce them or conduct investigations.Option B (PREC and Better Business Bureau): The Better Business Bureau (BBB) is a private organization and does not have legal enforcement authority.Option C (PHRC and Legislature): The Legislature does not investigate complaints, but the PHRC does.
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)
An exclusive listing MUST be in writing and it MUST:
All exclusive listing agreements in Pennsylvania MUST specify their duration in writing.49 Pa. Code § 35.332 (Exclusive Listing Agreements) states that all exclusive listings must have a definite start and end date.Listings without an expiration date are considered illegal and unenforceable in Pennsylvania.Why the other answers are incorrect:Option A (Cancellation in 24 Hours): There is no legal requirement for a 24-hour cancellation clause.Option B (Financing Arrangements): Financing provisions are not a required part of a listing agreement.Option C (Signed by Cooperating Broker): A cooperating broker's signature is not required. Only the listing broker and seller need to sign the agreement.
49 Pa. Code § 35.332 Exclusive Listing Agreements
According to the Real Estate Commission, which of the following is REQUIRED to hold a real estate license in Pennsylvania?
Answer(s): A
In Pennsylvania, any person engaging in brokerage activities (such as negotiating sales or leases for compensation) must hold a real estate license unless 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): Builders are exempt when selling their own newly constructed homes.Option C (Banks Selling Foreclosures): Banks are exempt under 63 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 property do not need a license, even for multiple lots.
63 P.S. § 455.304 Exemptions from Licensing
A salesperson owns a residence and wishes to sell it without listing it. Under Pennsylvania license law, the salesperson MUST:
Answer(s): B
Under 49 Pa. Code § 35.285 (Disclosure of Real Estate Affiliations), a licensee selling their own property MUST disclose that they are a real estate licensee in all advertisements and communications.The disclosure must be made in a clear and conspicuous manner to inform potential buyers that the seller has professional real estate expertise.This rule prevents deception and ensures fair dealings in real estate transactions.Why the other answers are incorrect:Option A (List Property with Firm): Licensees are NOT required to list their own property with their firm.Option C (Offer Commission to Brokers): There is no requirement to offer compensation to other brokers.Option D (Have an Active License): A licensee can still sell their own property even if their license is inactive, but they must disclose their license status.
49 Pa. Code § 35.285 Disclosure of Real Estate Affiliations
When representing a seller, which of the following is a TRUE statement regarding the duties a licensee owes to the principal?
Answer(s): C
A licensee has a fiduciary duty to keep the seller's pricing strategy confidential.49 Pa. Code § 35.292 (Duties of Licensees Generally) states that a 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 agreement unless the seller gives explicit permission to disclose information.Why the other answers are incorrect:Option A (Confidentiality Ends After Listing): Confidentiality continues even 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 is not required to be disclosed to the public.
49 Pa. Code § 35.292 Duties of Licensees Generally
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