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Pennsylvania Real Estate Commission RePA_Sales_S Accurate Questions and Answers

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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q24-Q29):

NEW QUESTION # 24
In order to work as a property manager for compensation, an individual must:

A. Complete at least one course in property management every two years.
B. Complete a certification for property management.
C. Pass a separate examination in principles of property management.
D. Hold a real estate license and, if not a broker, be supervised by a broker.

Answer: D

Explanation:
Under49 Pa. Code § 35.201 (Definitions), property management activities that include leasing, collecting rent, and negotiating lease terms require a real estate license unless the individual is directly employed by the property owner.
* If a property manager is conducting leasing or rental activities for multiple property owners, they must be licensed and supervised by a broker.
* The law ensures that individuals managing properties for others operate under proper ethical and legal guidelines.
Why the other answers are incorrect:
* Option A (Certification for Property Management):No separate property management certification is required under Pennsylvania law.
* Option B (Separate Exam for Property Management):A separate exam for property management is not required.
* Option C (Ongoing Property Management Courses):Continuing education is required for license renewal, but specific property management courses are not mandatory.

NEW QUESTION # 25
According to the Pennsylvania Real Estate Commission, which one of the following actions by a licensee is prohibited conduct?

A. Failure to engage legal counsel to respond to a Commission request for information stemming from a complaint about the licensee
B. Failure to disclose the licensee's use of a third party to acquire property listed by the licensee's office
C. Negotiating a commission that seriously undercuts those of other brokerage firms
D. Taking a listing that has a duration of only 2 months

Answer: B

Explanation:
A real estate licensee in Pennsylvania isprohibited from failing to disclose any personal interestin a transaction. This includesusing a third party to purchase property listed by the licensee's own office.
* 49 Pa. Code § 35.283 (Disclosure of Interest)requires that alicensee must disclose any financial interest they have in a transaction.
* If a licensee arranges for a third party (such as a relative or business associate) to purchase a property without disclosure, this is considered a serious ethical violation.
Why the other answers are incorrect:
* Option A (Short Listing Duration):Listingsdo not have a minimum required time period, so a2- month duration is permissible.
* Option B (Undercutting Commission):Commission feesare negotiable, and the Real Estate Commission does not set a minimum fee.
* Option D (Legal Counsel Not Required):Licenseesare not required to hire legal counselto respond to Commission complaints, but they must respond honestly and fully.

NEW QUESTION # 26
When representing a seller, which of the following is a TRUE statement regarding the duties a licensee owes to the principal?

A. A licensee is not obligated to disclose the existence of another offer during negotiations on a purchase contract.
B. A licensee's obligation of confidentiality ends at the conclusion of the listing contract.
C. A licensee is required to keep confidential the price the seller would accept if lower than the list price.
D. A licensee is obligated to disclose to a consumer the minimum commission split between the licensee and the broker.

Answer: C

Explanation:
Alicensee has a fiduciary duty to keep the seller's pricing strategy confidential.
* 49 Pa. Code § 35.292 (Duties of Licensees Generally)states thata licensee must maintain confidentiality of information that could harm their client's negotiating position, including the minimum price the seller would accept.
* Confidentiality extends beyond the duration of the listing agreementunless the seller gives explicit permission to disclose information.
Why the other answers are incorrect:
* Option A (Confidentiality Ends After Listing):Confidentiality continueseven after the contract ends
.
* Option B (Not Disclosing Another Offer):In multiple-offer situations, disclosure may be required based on seller instructions.
* Option D (Commission Disclosure):The broker's commission arrangement isnot requiredto be disclosed to the public.

NEW QUESTION # 27
The Commission, after obtaining the facts of a verified complaint against a licensee, holding a hearing, and finding that licensee guilty, may:

A. Make the licensee take up to 20 hours of ethics training.
B. Suspend or revoke a license and/or levy a fine of $1,000 or less.
C. Imprison a licensee for no more than 90 days.
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 # 28
An owner sells a house through a salesperson who works as an independent contractor for a broker. Before the closing, the owner fires the broker. However, the owner agrees to pay the salesperson a $1,000 fee for services. Which of the following is TRUE?

A. The owner can cancel any part of the sales contract at any time.
B. The salesperson cannot legally accept the $1,000.
C. The salesperson may legally accept the $1,000.
D. The salesperson may only accept the $1,000 with the broker's consent.

Answer: B

Explanation:
According to49 Pa. Code § 35.283(Compensation and Commission), asalesperson may not accept compensation from anyone other than their employing broker.
* A salesperson cannot accept direct payments from an owner or buyer (Option A - Correct).
* The owner cannot cancel the sales contract unilaterally (Option B - Incorrect).
* The salesperson may only be compensated through the broker, even if the owner agrees to direct payment (Option C & D - Incorrect).

NEW QUESTION # 29
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