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Pennsylvania Real Estate Commission RePA_Sales_S Exam Syllabus Topics:
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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q40-Q45):
NEW QUESTION # 40
Can a licensed real estate broker prepare an appraisal for a new loan on property that the broker has listed for sale?
- A. Yes, if the appraisal is done before an offer to purchase is accepted by the seller.
- B. Yes, with proper disclosure to the lender about the broker's qualifications.
- C. Yes, if the appraisal is identified as a comparative market analysis.
- D. No, real property appraisals are not within the scope of practice for a real estate broker.
Answer: D
Explanation:
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.
Reference:
Pennsylvania Real Estate Appraisers Certification Act (63 P.S. § 457.1-457.19)
NEW QUESTION # 41
A salesperson owns a residence and wishes to sell it without listing it. Under Pennsylvania license law, the salesperson MUST:
- A. have an active license
- B. offer a sales commission or fee to cooperating brokers
- C. disclose in all advertising that the owner of the property is a real estate licensee
- D. list the property with their firm
Answer: C
Explanation:
Under49 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 mannerto 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):Licenseesare NOT required to list their own propertywith their firm.
* Option C (Offer Commission to Brokers):There isno requirement to offer compensationto 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.
NEW QUESTION # 42
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. The salesperson's name appears in the ad.
- B. No address is given.
- C. The broker's name does not appear in the ad.
- D. The MLS number is not included in the ad.
Answer: C
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 # 43
A "For Sale by Owner" property owner has offered a flat fee to any licensee who procures a buyer. The owner's terms specify that 50% of the fee is payable upon contract acceptance, with the other 50% payable upon transfer of title. A CORRECT statement about this arrangement is that it is:
- A. in violation of license law since compensation for real estate sales can come only from listed properties.
- B. acceptable if the fee does not exceed the prevailing commission rate.
- C. acceptable if the fee is paid to the employing broker.
- D. in violation of license law since all compensation must be paid at closing.
Answer: C
Explanation:
Under49 Pa. Code § 35.283 (Compensation and Commission),a salesperson can only receive payment through their employing broker. This means thatif the flat fee is paid to the broker (not directly to the salesperson), then the arrangement is legal.
* Commission does not have to be paid at closing; payment terms can be negotiated, including split payments.
* For Sale by Owner (FSBO) properties are not required to be listed with a brokerage, so compensation can still be earned if a licensee brings a buyer.
Why the other answers are incorrect:
* Option B (Commission Rate Limitations):There areno "prevailing" commission ratessince commissions are always negotiable.
* Option C (Compensation Must Be at Closing):Commission can bestructured differently(e.g., partial upfront payment).
* Option D (Only Listed Properties Qualify for Commission):Agents can earn commission on FSBOsas long as the broker is involved.
Reference:
49 Pa. Code § 35.283- Compensation and Commission
NEW QUESTION # 44
According to the Pennsylvania Landlord-Tenant Act, a tenant must be notified of the final disposition of their security deposit within what time period following the end of the lease?
- A. Within 5 days
- B. Within 30 days
- C. Within 60 days
- D. Immediately upon completion of the landlord's final inspection of the premises
Answer: B
Explanation:
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.
Reference:
The Pennsylvania Landlord and Tenant Act of 1951 (68 P.S. § 250.512)
NEW QUESTION # 45
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