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Valid Pennsylvania Real Estate Commission RePA_Sales_S Test Papers - RePA_Sales_S Certification Test Answers
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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q38-Q43):
NEW QUESTION # 38
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. Hold a real estate license and, if not a broker, be supervised by a broker.
- D. Pass a separate examination in principles of property management.
Answer: C
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 # 39
The Pennsylvania Real Estate Commission has received a written complaint that a licensee is engaging in an activity prohibited by the Real Estate Licensing and Registration Act. What action is the Commission empowered to take?
- A. Transfer the matter to civil authorities in the county in which the alleged activity occurred.
- B. Serve the licensee with a cease and desist order.
- C. Suspend the licensee's license for a period not to exceed 6 months.
- D. Ascertain the facts and, if warranted, hold a hearing.
Answer: D
Explanation:
ThePennsylvania Real Estate Commission (PREC)has the power toinvestigate complaints, hold hearings, and impose disciplinary actionsunder63 P.S. § 455.404 (Powers of the Commission).
* The Commission will first investigate the complaint to determine if the allegations are valid.
* If warranted, the Commission will hold a formal hearing to decide on appropriate disciplinary action.
* Possible penalties include fines, suspension, or revocation of the license.
Why the other answers are incorrect:
* Option A (Automatic 6-Month Suspension):The Commission does not impose automatic suspensions; each case is reviewed individually.
* Option C (Cease and Desist Order):This is typically used forunlicensed real estate activities, not licensed misconduct.
* Option D (Transfer to Civil Authorities):While some cases (e.g., fraud) may be referred to law enforcement, theCommission itself first investigates.
NEW QUESTION # 40
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 must allow the service or support animal but may charge an additional deposit.
- D. The landlord may disallow the animal if there are no other animals permitted in the building.
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 # 41
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. Should be returned to the buyer to transmit to the broker.
- C. Should be transmitted promptly after receipt to the broker.
- D. May be held by the salesperson for 3 business days.
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.
NEW QUESTION # 42
Which of the following is a REQUIRED general duty of a licensee?
- A. Provide assistance with document preparation.
- B. Accept liability and responsibility for acts of the consumer.
- C. Independently verify the accuracy of any representation on a property condition disclosure statement.
- D. Conduct an independent inspection of the property.
Answer: C
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 # 43
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