RePA_Sales_S PA Salesperson State Exam Questions and Answers

Under The Pennsylvania Landlord and Tenant Act of 1951 (68 P.S. § 250.512) , a landlord must return 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 within 30 days, not 60 days .

Option D (Immediately upon inspection): While an inspection may occur, the law grants the landlord up to 30 days to finalize deductions and return funds .

A real estate licensee in Pennsylvania is prohibited from failing to disclose any personal interest in a transaction. This includes using a third party to purchase property listed by the licensee’s own office .

49 Pa. Code § 35.283 (Disclosure of Interest) requires that a licensee 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): Listings do not have a minimum required time period , so a 2-month duration is permissible .

Option B (Undercutting Commission): Commission fees are negotiable , and the Real Estate Commission does not set a minimum fee.

Option D (Legal Counsel Not Required): Licensees are not required to hire legal counsel to respond to Commission complaints, but they must respond honestly and fully.

Under 49 Pa. Code § 35.331 (Written Agreements Generally) , a copy of any written agreement (including listing agreements) must be provided to the parties at the time of signing .

This rule ensures transparency and protects clients from unauthorized changes to agreements.

Failure to provide an immediate copy is a violation of Pennsylvania real estate regulations.

Why the other answers are incorrect:

Option B (Broker Signature First): The broker does not need to sign before providing a copy to the client .

Option C (After Cancellation Period): There is no required waiting period before providing a copy.

Option D (Within 5 Days): The law states it must be immediate, not within 5 days .

Under 49 Pa. Code § 35.305 (Business Name on Advertisements) , any advertisement placed by a real estate salesperson must include the name and phone number of their employing broker.

This ensures that the public knows which brokerage is responsible for the property listing and avoids misleading or unverified advertisements.

A salesperson cannot advertise properties without clearly identifying their broker to ensure compliance with advertising regulations.

Why the other answers are incorrect:

Option A (Municipality): While useful, this is not required in every ad .

Option B (Legal Description): A legal property description is not required for advertisements.

Option D (Name of the Principal): The seller's name does not need to be included in advertisements.

Under 49 Pa. Code § 35.284 (Disclosures of Business Relationships), a buyer’s agent has a fiduciary duty to their client. This means the agent must act in the buyer's best interest and communicate all material information regarding the transaction to 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).

Under 49 Pa. Code § 35.331 (Written Agreements Generally) , all parties must receive a copy of a signed offer within 1 business day of acceptance.

This ensures that buyers and sellers have full documentation of the transaction.

Delaying delivery of signed contracts can lead to disputes and potential violations of real estate regulations.

Why the other answers are incorrect:

Option A (24 Hours): While fast delivery is preferred, the law specifically states “1 business day.”

Option C (At Closing): Buyers must receive a copy well before closing .

Option D (Reasonably Practicable Time): This is too vague and does not meet the specific 1-business-day requirement .

A real estate license is required to enter into leases on behalf of a landlord because this 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): This does not require a license since it is administrative.

Option C (Showing Apartments): Showing apartments does 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.

Under 49 Pa. Code § 35.283 (Compensation and Commission) , a salesperson 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): Salespersons cannot 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 salesperson cannot pay another licensee.

Option D (Split Commission Directly with Another Licensee): Commissions must be handled by the broker , not between individual agents.

Under 63 P.S. § 455.304 (Exemptions from Licensing Requirements) , most individuals selling their own property are exempt from real estate licensing requirements . However, a real estate licensee selling their own real estate must comply with disclosure laws and ethical obligations .

If a real estate licensee sells their own property, they must disclose in all advertising that they are a licensed real estate professional to avoid misleading the public.

While a non-licensee selling their own property is not covered under real estate licensing laws, a licensed salesperson must adhere to licensing and disclosure laws.

Why the other answers are incorrect:

Option A (Trustee under Court Order): Court-appointed trustees are exempt from real estate licensing requirements.

Option B (Attorney Representing Clients): Attorneys are permitted to handle real estate transactions as part of their legal practice without a real estate license.

Option D (Licensed Auctioneer): Auctioneers selling real estate are regulated under separate auctioneer licensing laws, not real estate licensing laws.

Under 49 Pa. Code § 35.241 (Supervision and Operation of Offices) , a licensed real estate salesperson must be supervised by a broker or an associate broker designated by the broker.

A broker may assign an associate broker (who has passed the broker exam but does not own the brokerage) to oversee salespersons.

Salespersons cannot work independently; they must work under the direction of a licensed broker or an assigned associate broker.

Why the other answers are incorrect:

Option A (Team Leader): A team leader is not a formal supervisory position under Pennsylvania law unless they are an associate broker or broker.

Option B (Salesperson): A salesperson cannot supervise other salespersons.

Option D (Transaction Coordinator): A transaction coordinator handles paperwork but does not supervise licensees.

According to 49 Pa. Code § 35.305 (Business Name on Advertisements), all advertisements placed by a salesperson must include the broker’s name .

The broker's name is missing , which violates Pennsylvania advertising requirements (Option C - Correct).

The property address does not need to be in the ad (Option A - Incorrect).

Salesperson names are allowed but must be accompanied by the broker's name (Option B - Incorrect).

MLS numbers are not a requirement in all advertisements (Option D - Incorrect).

Under 49 Pa. Code § 35.305 (Business Name on Advertisements) , advertisements must include the broker’s name but are not required to include the salesperson’s name.

While a salesperson's name may appear in an ad, it is not a required element under Pennsylvania law.

However, failing to disclose key information in an ad, such as the broker’s name, could result in disciplinary action.

Why the other answers are incorrect:

Option A (Misrepresentation): Misrepresentation is a serious offense and can lead to suspension or revocation.

Option B (Failing to Provide Listing Contract): A copy of the listing contract must be furnished to the seller at the time of signing.

Option D (Failing to Provide Information to the Commission): Failure to respond to an investigation can result in fines, suspension, or revocation.