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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q41-Q46):
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. Should be returned to the buyer to transmit to the broker.
- B. May be held by the salesperson for 3 business days.
- C. May be kept temporarily in an escrow account opened by the salesperson.
- D. Should be transmitted promptly after receipt to the broker.
Answer: D
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
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 salesperson cannot legally accept the $1,000.
- B. The owner can cancel any part of the sales contract at any time.
- C. The salesperson may only accept the $1,000 with the broker's consent.
- D. The salesperson may legally accept the $1,000.
Answer: A
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 # 43
A real estate ad in a newspaper placed by a salesperson MUST include the:
- A. Municipality in which the property is located.
- B. Employing broker's name and phone number.
- C. Legal description of the property.
- D. Name of the principal.
Answer: B
Explanation:
Under49 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 descriptionis not requiredfor advertisements.
* Option D (Name of the Principal):The seller's name does not need to be included in advertisements.
NEW QUESTION # 44
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 # 45
Which of the following activities performed by the manager of a multifamily dwelling REQUIRES a real estate license?
- A. Distributing building rules and regulations
- B. Showing apartments to prospective renters
- C. Providing information on rental amounts to prospective renters
- D. Entering into leases
Answer: D
Explanation:
Areal estate license is required to enter into leases on behalf of a landlordbecausethis 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):Thisdoes not require a licensesince it is administrative.
* Option C (Showing Apartments):Showing apartmentsdoes 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.
Reference:
49 Pa. Code § 35.201- Definitions
NEW QUESTION # 46
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