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Pennsylvania Real Estate Commission RePA_Sales_S Exam Syllabus Topics:
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Free PDF Pennsylvania Real Estate Commission - RePA_Sales_S –High-quality Prep Guide
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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q33-Q38):
NEW QUESTION # 33
An exclusive listing MUST be in writing and it MUST:
- A. contain provisions regarding acceptable financing arrangements
- B. be signed by the cooperating broker
- C. specify the duration of the listing
- D. contain a provision allowing the owner to cancel all exclusive features within 24 hours' notice
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.
Reference:
49 Pa. Code § 35.332- Exclusive Listing Agreements
NEW QUESTION # 34
A salesperson who operates as an independent contractor for a broker is seldom in the office. Earnest money deposits received by this salesperson:
- A. May be kept temporarily in an escrow account opened by the salesperson.
- B. May be held by the salesperson for 3 business days.
- C. Should be transmitted promptly after receipt to the broker.
- D. Should be returned to the buyer to transmit to the broker.
Answer: C
Explanation:
Under49 Pa. Code § 35.324 (Handling of Deposits and Escrow Money), all earnest money deposits must be promptly transmitted to the employing broker for deposit into an escrow account.
* A salesperson cannot hold earnest money or maintain an escrow account on their own.
* Brokers are responsible for ensuring that all escrow funds are properly handled and protected from commingling.
Why the other answers are incorrect:
* Option A (Salesperson Holding Escrow Funds):Salespersons are prohibited from maintaining independent escrow accounts.
* Option C (Holding Funds for 3 Days):Earnest money must be turned over to the broker as soon as possible; salespersons cannot hold it for any period.
* Option D (Returning to Buyer for Transmission):Earnest money must go directly to the broker, not back to the buyer.
Reference:
49 Pa. Code § 35.324- Handling of Deposits and Escrow Money
NEW QUESTION # 35
The Commission, after obtaining the facts of a verified complaint against a licensee, holding a hearing, and finding that licensee guilty, may:
- A. Imprison a licensee for no more than 90 days.
- B. Suspend or revoke a license and/or levy a fine of $1,000 or less.
- 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: B
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 # 36
Interest earned on an escrow account is:
- A. Payable subject to an agreement between the parties.
- B. Payable to the broker holding the deposit.
- C. Equally divided between the buyer and seller.
- D. Equally divided between the listing and selling brokers.
Answer: A
Explanation:
Under49 Pa. Code § 35.326 (Escrow Accounts and Interest),interest earned on escrow accounts belongs to the party or parties as determined by the terms of the contract or agreement.
* A broker cannot personally benefit from interest earned on escrow funds unless the contract explicitly allows it.
* The purchase agreement must specify how the interest is handled, whether it is payable to the buyer, seller, or split between parties.
Why the other answers are incorrect:
* Option A (Payable to the Broker):A broker cannot keep interest from an escrow account unless agreed upon in writing.
* Option B (Equally Divided Between Buyer and Seller):Interest division is not automatic; it must be outlined in the contract.
* Option C (Equally Divided Between Brokers):Brokers do not have rights to escrow interest unless explicitly agreed upon.
Reference:
49 Pa. Code § 35.326- Escrow Accounts and Interest
NEW QUESTION # 37
Which of the following is a REQUIRED general duty of a licensee?
- A. Conduct an independent inspection of the property.
- B. Provide assistance with document preparation.
- C. Accept liability and responsibility for acts of the consumer.
- D. Independently verify the accuracy of any representation on a property condition disclosure statement.
Answer: D
Explanation:
Under68 Pa. C.S. §§ 7301-7314 (Real Estate Seller Disclosure Law),a licensee has a duty to ensure that the property condition disclosure statement is complete and accurate as provided by the seller.
* While the licensee does not conduct a formal property inspection, they must not ignore material defects that are apparent or known to them.
* If a licensee knows of an issue that contradicts the seller's disclosure, they must disclose this to the buyer to prevent misrepresentation.
* This protects consumers from fraudulent or misleading property conditions.
Why the other answers are incorrect:
* Option A (Independent Inspection):A licensee is not a home inspectorand is not required to perform a physical inspection.
* Option C (Accept Consumer Liability):A licenseeis not responsible for actions taken by a buyer or seller.
* Option D (Document Preparation Assistance):A licenseecan help explain documents but cannot prepare legal contracts without an attorney.
NEW QUESTION # 38
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