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RePA_Sales_S Exam Flashcards - Pass4sure RePA_Sales_S Exam Prep
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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q23-Q28):
NEW QUESTION # 23
If known, the listing broker MUST disclose which of the following to a prospective buyer?
- A. That the seller's mortgage is assumable
- B. That the seller has filed for divorce
- C. That the seller has accepted a position in another state
- D. That the seller's water system is contaminated
Answer: D
Explanation:
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.
NEW QUESTION # 24
An exclusive listing MUST be in writing and it MUST:
- A. contain a provision allowing the owner to cancel all exclusive features within 24 hours' notice
- B. be signed by the cooperating broker
- C. specify the duration of the listing
- D. contain provisions regarding acceptable financing arrangements
Answer: C
Explanation:
Allexclusive listing agreements in Pennsylvania MUST specify their duration in writing.
* 49 Pa. Code § 35.332 (Exclusive Listing Agreements)states thatall exclusive listings must have a definite start and end date.
* Listings without an expiration date are considered illegaland 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 provisionsare not a required part of a listing agreement.
* Option C (Signed by Cooperating Broker):A cooperating broker's signatureis not required. Only the listing broker and seller need to sign the agreement.
NEW QUESTION # 25
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. Provide information on rental amounts and building rules and regulations.
- B. Hold money belonging to tenants other than on behalf of the owner.
- C. Negotiate terms and conditions of occupancy.
- D. Enter into leases on behalf of the owner.
Answer: A
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 # 26
The Pennsylvania Real Estate Commission has received a written complaint that a licensee is engaging in an activity prohibited by the Real Estate Licensing and Registration Act. What action is the Commission empowered to take?
- A. Suspend the licensee's license for a period not to exceed 6 months.
- B. Ascertain the facts and, if warranted, hold a hearing.
- C. Serve the licensee with a cease and desist order.
- D. Transfer the matter to civil authorities in the county in which the alleged activity occurred.
Answer: B
Explanation:
ThePennsylvania Real Estate Commission (PREC)has the power toinvestigate complaints, hold hearings, and impose disciplinary actionsunder63 P.S. § 455.404 (Powers of the Commission).
* The Commission will first investigate the complaint to determine if the allegations are valid.
* If warranted, the Commission will hold a formal hearing to decide on appropriate disciplinary action.
* Possible penalties include fines, suspension, or revocation of the license.
Why the other answers are incorrect:
* Option A (Automatic 6-Month Suspension):The Commission does not impose automatic suspensions; each case is reviewed individually.
* Option C (Cease and Desist Order):This is typically used forunlicensed real estate activities, not licensed misconduct.
* Option D (Transfer to Civil Authorities):While some cases (e.g., fraud) may be referred to law enforcement, theCommission itself first investigates.
NEW QUESTION # 27
In the normal course of practicing real estate, a licensed real estate salesperson may:
- A. Pay a referral fee directly to another licensed salesperson.
- B. Agree to split commissions with another licensee and pay the split directly to the other licensee.
- C. Receive commission and bonuses through their broker.
- D. Directly receive a commission from the buyer as well as the seller.
Answer: C
Explanation:
Under49 Pa. Code § 35.283 (Compensation and Commission), asalesperson may only receive compensation through their employing broker.All commissions, bonuses, or referral fees must be paid by the broker and not directly to or from another licensee.
* A real estate salesperson cannot accept direct payment from clients, buyers, or sellers.
* Any bonus or commission earned must first go to the broker, who then distributes the appropriate amount to the salesperson.
Why the other answers are incorrect:
* Option A (Direct Commission from Buyer & Seller):Salespersonscannot accept direct payments from clients; all payments must go through their broker.
* Option B (Pay Referral Fee to Another Salesperson):Only brokers can pay referral fees.A salespersoncannotpay another licensee.
* Option D (Split Commission Directly with Another Licensee):Commissionsmust be handled by the broker, not between individual agents.
NEW QUESTION # 28
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