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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q10-Q15):

NEW QUESTION # 10
According to the Pennsylvania Real Estate Commission, which one of the following actions by a licensee is prohibited conduct?

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

Answer: D

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 # 11
What is the status of a person's real estate license after a claim has been paid from the Real Estate Recovery Fund to settle a claim against that licensee?

A. Suspended
B. Reinstated
C. Inactive
D. Active

Answer: A

Explanation:
Under63 P.S. § 455.803 (Real Estate Recovery Fund), if the Pennsylvania Real Estate Commissionpays out money from the Real Estate Recovery Fund due to a licensee's misconduct, the license is automatically suspended.
* A suspended license means the person cannot legally practice real estate until they reimburse the Recovery Fund for the full amount paid, plus interest.
* This is a consumer protection measure to ensure that licensees who cause financial harm cannot continue practicing until restitution is made.
* Once repayment is made, the licensee must apply for reinstatement, which is not automatic and may require a hearing.
Why the other answers are incorrect:
* Option A (Active):The license does not remain active after a payout from the fund.
* Option B (Inactive):"Inactive" means the licensee voluntarily stopped practicing, which is not the case here.
* Option C (Reinstated):Reinstatement does not occur automatically; the licensee must repay the fund and petition for reinstatement.

NEW QUESTION # 12
When a tenant who has a service or support animal applies to lease an apartment in a building that does not allow pets, which of the following rules may the landlord follow?

A. The landlord may disallow the animal if it is not federally registered as a support or service animal.
B. Both state and federal laws require the landlord to allow any service or support animal.
C. The landlord may disallow the animal if there are no other animals permitted in the building.
D. The landlord must allow the service or support animal but may charge an additional deposit.

Answer: B

Explanation:
UnderThe Fair Housing Act (42 U.S.C. § 3604)andThe Americans with Disabilities Act (ADA) (42 U.S.
C: § 12101),both service and emotional support animals must be allowed in rental properties, even in
"no pets" buildings.
* Service animals (such as guide dogs) and emotional support animals (ESA) are not considered
"pets" under federal and state law, so landlords cannot prohibit them.
* A landlord cannot charge an additional deposit or pet fee for service/support animals.
* The tenant must provide documentation from a licensed medical provider if the disability is not obvious, but there is no requirement for a formal "federal registration" of service animals.
Why the other answers are incorrect:
* Option B (Charge Additional Deposit):This is illegal under Fair Housing lawsbecause service animals are not "pets".
* Option C (No Pets Rule):A no-pets policydoes not applyto service animals.
* Option D (Federally Registered Service Animal):There is no federal registryfor service animals, so this is not a valid requirement.

NEW QUESTION # 13
Can a licensed real estate broker prepare an appraisal for a new loan on property that the broker has listed for sale?

A. Yes, with proper disclosure to the lender about the broker's qualifications.
B. Yes, if the appraisal is done before an offer to purchase is accepted by the seller.
C. No, real property appraisals are not within the scope of practice for a real estate broker.
D. Yes, if the appraisal is identified as a comparative market analysis.

Answer: C

Explanation:
UnderThe Pennsylvania Real Estate Appraisers Certification Act (63 P.S. § 457.1-457.19),only a state- certified or licensed appraiser can perform real estate appraisals for loan purposes.
* Real estate brokers and salespersons can perform Comparative Market Analyses (CMAs) but cannot legally perform an appraisal for a lender.
* This restriction ensures that appraisals used for lending purposes meet state and federal standards.
Why the other answers are incorrect:
* Option A (CMAs as Appraisals):CMAs arenotappraisals.
* Option B (Before Offer Accepted):Thetiming of the appraisal does not change licensing requirements.
* Option C (Disclosure to Lender):Even with disclosure,brokers are not permitted to conduct appraisals for loans.

NEW QUESTION # 14
The Real Estate Commission is empowered to take action against a licensee who is found to have engaged in any of the following activities EXCEPT:

A. Failing to furnish a copy of a listing contract to an owner after taking a listing.
B. Failing to provide information requested by the Pennsylvania Real Estate Commission in response to a complaint about the licensee engaging in prohibited acts.
C. Failing to include the salesperson's name in all advertising.
D. Making any substantial misrepresentation.

Answer: C

Explanation:
Under49 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):Acopy 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.

NEW QUESTION # 15
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