Pennsylvania Real Estate Commission RePA_Sales_S - PA Salesperson State Exam

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.

Alicensee must disclose all material defectsrelated to the property,including known issues like a contaminated water system.

Under 68 P.S. §§ 7303-7304 (Real Estate Seller Disclosure Law), the seller and broker must disclose all material defects affecting the property’s value or safety.

A contaminated water system is considered a health and safety issue and must be disclosed to the buyer.

Why the other answers are incorrect:

Option A (Assumable Mortgage):This is afinancial issue, not a material defect.

Option B (Seller’s New Job):The seller’s personal situationdoes not affect the property’s condition.

Option C (Divorce):Divorce is private informationand does not need to be disclosed.

Areal estate license is required to enter into leases on behalf of a landlordbecausethis involves negotiating real estate transactions.

According to 49 Pa. Code § 35.201 (Definitions), property management activities that include leasing, collecting rent, and negotiating lease terms require a real estate license.

A property manager who is actively negotiating leases must hold a real estate license unless they are directly employed by the property owner.

Why the other answers are incorrect:

Option B (Distributing Rules):Thisdoes not require a licensesince it is administrative.

Option C (Showing Apartments):Showing apartmentsdoes not require a license as long as no negotiations occur.

Option D (Providing Rental Info):Providing information is not negotiating a lease, so a license is not needed.

Under49 Pa. Code § 35.382 (Continuing Education Requirements),a Pennsylvania real estate licensee must complete at least 14 hours of continuing education (CE) during each two-year renewal cycle.

These courses must be taken through an approved real estate education provider.

Certain renewal periods may have specific course requirements mandated by the Commission.

Why the other answers are incorrect:

Option A (10 Hours):Too low; Pennsylvania law requires 14 hours.

Option B (12 Hours):Falls short of the required minimum.

Option D (16 Hours):Exceeds the required minimum.

Under49 Pa. Code § 35.291(Reporting of Crimes and Disciplinary Actions), a real estate licensee may face disciplinary action for engaging inunethical conduct, fraud, or incompetence. One of the reasons listed ishabitual intoxication or drug addiction, as thisimpairsthe licensee’s ability toproperly conduct real estate activities.

A felony conviction (Option D - Incorrect) does not automatically result in disciplinebut is reviewed by the Commission.

Failure to pay taxes (Option C - Incorrect) is a federal issue, not a licensing violation.

Car insurance (Option A - Incorrect) is unrelated to a real estate license.

According to49 Pa. Code § 35.288under"Reporting of Crimes and Disciplinary Actions", all licensees in Pennsylvania arerequired to notifythePennsylvania Real Estate Commissioninwritingwithin30 daysof any felony or misdemeanor conviction.

A licensee doesnotautomatically lose their license upon conviction, but theCommission will reviewthe case and may takedisciplinary actionsuch as suspension or revocation of the license.

Failing to reportthe conviction within the required time mayresult in additional penalties.

Immediate license surrender (Option A)isnotrequired.

Discussing with the broker (Option B)is not a sufficient step since theofficial duty is to inform the Commission.

Terminating all activities (Option D)is not an automatic requirement unless theCommission suspends or revokes the license.

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.

Under49 Pa. Code § 35.284(Disclosures of Business Relationships), abuyer’s agenthas afiduciary dutyto their client. This means the agent mustact in the buyer's best interestandcommunicate all material informationregarding the transactionto the buyer.

The buyer's agent's primary responsibility is to the buyer (Option B - Correct).

The buyer’s agent does not have any fiduciary duty to the seller (Option A - Incorrect).

The buyer’s agent is not required to inform the listing broker (Option C - Incorrect).

The loan officer does not have the same level of involvement in fiduciary duties as the buyer (Option D - Incorrect).

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.