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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q26-Q31):
NEW QUESTION # 26
A person is employed by a real estate owner to manage a multifamily residential property. Which of the following activities is the person permitted to perform without a real estate license?
- A. Hold money belonging to tenants other than on behalf of the owner.
- B. Enter into leases on behalf of the owner.
- C. Negotiate terms and conditions of occupancy.
- D. Provide information on rental amounts and building rules and regulations.
Answer: D
Explanation:
Under49 Pa. Code § 35.201 (Definitions), an unlicensed individual who is directly employed by a property owner can perform certain tasks, such as providing rental information and enforcing building rules, but they cannot engage in leasing or negotiation activities.
* Providing information on rental amounts and building rules is considered administrative and does not require a real estate license.
* However, negotiating leases, collecting rents on behalf of third parties, or holding security deposits in a non-owner-controlled account would require a real estate license.
Why the other answers are incorrect:
* Option B (Entering into Leases):Only a licensed real estate broker or a supervised salesperson can legally execute lease agreements on behalf of a landlord.
* Option C (Negotiating Terms):Negotiating lease terms is an activity that requires a real estate license.
* Option D (Holding Tenant Funds Independently):Handling tenant funds outside of the owner's direct control is a brokerage activity and requires a real estate license.
NEW QUESTION # 27
A real estate licensee may be disciplined by the Pennsylvania Real Estate Commission for which of the following reasons?
- A. Habitual intoxication or drug addiction
- B. Inability to obtain automobile liability insurance
- C. Nonpayment of Federal income taxes
- D. Any felony conviction
Answer: A
Explanation:
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 is habitual 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.
NEW QUESTION # 28
The Commission, after obtaining the facts of a verified complaint against a licensee, holding a hearing, and finding that licensee guilty, may:
- A. Suspend or revoke a license and/or levy a fine of $1,000 or less.
- B. Imprison a licensee for no more than 90 days.
- C. Make the licensee take up to 20 hours of ethics training.
- D. Levy a fine of $2,000 - $5,000 if this is the licensee's first offense.
Answer: A
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 # 29
When a licensed salesperson changes from one broker to another, the Pennsylvania Real Estate Commission MUST be notified within how many days after the intended date of the change?
- A. 0
- B. 1
- C. 2
- D. 3
Answer: B
Explanation:
Under49 Pa. Code § 35.301 (Changes in Employment Status),a salesperson must notify the Pennsylvania Real Estate Commission within 10 days of switching brokers.
* This ensures that the Commission's records remain up-to-date and that the salesperson is properly licensed under a supervising broker.
* Failure to report the change within 10 days can result in disciplinary action.
Why the other answers are incorrect:
* Option A (5 Days):The regulation clearly states10 days, not 5.
* Option C (15 Days):Thisexceeds the allowed time framefor notification.
* Option D (30 Days):Waiting 30 days is too long and would violate Pennsylvania licensing laws.
NEW QUESTION # 30
What are the permitted relationships between licensees and consumers as defined by the "Consumer Notice" and Pennsylvania regulations?
- A. Buyer agent, seller agent, designated dual agent, and transaction licensee.
- B. Buyer agent, seller agent, designated agent, dual agent, and rental agent.
- C. Buyer agent, seller agent, designated agent, dual agent, and transaction licensee.
- D. Buyer agent, buyer sub-agent, seller agent, seller sub-agent, and dual agent.
Answer: C
Explanation:
Under49 Pa. Code § 35.284 (Disclosures of Business Relationships),the Consumer Notice defines five types of permitted relationships between real estate licensees and consumers:
* Buyer's Agent- Represents the buyer and has a fiduciary duty to them.
* Seller's Agent (Listing Agent)- Represents the seller and has a fiduciary duty to them.
* Designated Agent- A brokerage firm designates different agents to represent buyers and sellers in the same firm without creating dual agency.
* Dual Agent- A licensee represents both the buyer and seller in the same transaction, with mutual consent.
* Transaction Licensee- A real estate licensee who provides services but does not represent either party as an agent.
Why the other answers are incorrect:
* Option A (Rental Agent):"Rental agent" is not a defined relationship in Pennsylvania law.
* Option B (Buyer & Seller Sub-Agent):Sub-agency is no longer common and is not a required disclosure.
* Option D (Designated Dual Agent):Dual agency and designated agency are separate concepts.
NEW QUESTION # 31
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