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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q21-Q26):

NEW QUESTION # 21
A salesperson owns a residence and wishes to sell it without listing it. Under Pennsylvania license law, the salesperson MUST:

A. have an active license
B. offer a sales commission or fee to cooperating brokers
C. disclose in all advertising that the owner of the property is a real estate licensee
D. list the property with their firm

Answer: C

Explanation:
Under49 Pa. Code § 35.285 (Disclosure of Real Estate Affiliations),a licensee selling their own property MUST disclose that they are a real estate licensee in all advertisements and communications.
* The disclosure must be made in a clear and conspicuous mannerto inform potential buyers that the seller has professional real estate expertise.
* This rule prevents deception and ensures fair dealings in real estate transactions.
Why the other answers are incorrect:
* Option A (List Property with Firm):Licenseesare NOT required to list their own propertywith their firm.
* Option C (Offer Commission to Brokers):There isno requirement to offer compensationto other brokers.
* Option D (Have an Active License):A licensee can still sell their own property even if their license is inactive,but they must disclose their license status.

NEW QUESTION # 22
According to the Real Estate Commission, which of the following is REQUIRED to hold a real estate license in Pennsylvania?

A. A bank selling its foreclosed properties
B. A home builder selling his brand new houses
C. An attorney who holds himself out as a provider of brokerage services
D. An individual selling five unimproved lots that she owns

Answer: C

Explanation:
In Pennsylvania,any person engaging in brokerage activities (such as negotiating sales or leases for compensation) must hold a real estate licenseunless specifically exempted.
* 49 Pa. Code § 35.201 (Definitions) & 63 P.S. § 455.304 (Exemptions)allow attorneys to practice real estate without a license ONLY IF the services are incidental to their legal practice.
* If an attorney advertises as a real estate broker or regularly engages in real estate transactions beyond legal services, they must obtain a real estate license.
Why the other answers are incorrect:
* Option B (Home Builder Selling New Houses):Buildersare exemptwhen selling their ownnewly constructed homes.
* Option C (Banks Selling Foreclosures):Banks areexemptunder63 P.S. § 455.304 (a)(5)since they are not in the business of selling real estate for profit.
* Option D (Selling Five Unimproved Lots):Individuals selling their own propertydo not need a license
, even for multiple lots.
References:
63 P.S. § 455.304- Exemptions from Licensing

NEW QUESTION # 23
What is the MINIMUM number of hours of continuing education which a real estate licensee MUST complete within the license renewal period?

A. 0
B. 1
C. 2
D. 3

Answer: D

Explanation:
Under49 Pa. Code § 35.382 (Continuing Education Requirements),a Pennsylvania real estate licensee must complete at least 14 hours of continuing education (CE) during each two-year renewal cycle.
* These courses must be taken through an approved real estate education provider.
* Certain renewal periods may have specific course requirements mandated by the Commission.
Why the other answers are incorrect:
* Option A (10 Hours):Too low; Pennsylvania law requires 14 hours.
* Option B (12 Hours):Falls short of the required minimum.
* Option D (16 Hours):Exceeds the required minimum.

NEW QUESTION # 24
A "For Sale by Owner" property owner has offered a flat fee to any licensee who procures a buyer. The owner's terms specify that 50% of the fee is payable upon contract acceptance, with the other 50% payable upon transfer of title. A CORRECT statement about this arrangement is that it is:

A. in violation of license law since compensation for real estate sales can come only from listed properties.
B. acceptable if the fee does not exceed the prevailing commission rate.
C. in violation of license law since all compensation must be paid at closing.
D. acceptable if the fee is paid to the employing broker.

Answer: D

Explanation:
Under49 Pa. Code § 35.283 (Compensation and Commission),a salesperson can only receive payment through their employing broker. This means thatif the flat fee is paid to the broker (not directly to the salesperson), then the arrangement is legal.
* Commission does not have to be paid at closing; payment terms can be negotiated, including split payments.
* For Sale by Owner (FSBO) properties are not required to be listed with a brokerage, so compensation can still be earned if a licensee brings a buyer.
Why the other answers are incorrect:
* Option B (Commission Rate Limitations):There areno "prevailing" commission ratessince commissions are always negotiable.
* Option C (Compensation Must Be at Closing):Commission can bestructured differently(e.g., partial upfront payment).
* Option D (Only Listed Properties Qualify for Commission):Agents can earn commission on FSBOsas long as the broker is involved.

NEW QUESTION # 25
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. specify the duration of the listing
C. contain provisions regarding acceptable financing arrangements
D. be signed by the cooperating broker

Answer: B

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 # 26
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