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NEW QUESTION # 11
What are the permitted relationships between licensees and consumers as defined by the "Consumer Notice" and Pennsylvania regulations?
Answer: C
Explanation:
Under49 Pa. Code § 35.284 (Disclosures of Business Relationships),the Consumer Notice defines five types of permitted relationships between real estate licensees and consumers:
* Buyer's Agent- Represents the buyer and has a fiduciary duty to them.
* Seller's Agent (Listing Agent)- Represents the seller and has a fiduciary duty to them.
* Designated Agent- A brokerage firm designates different agents to represent buyers and sellers in the same firm without creating dual agency.
* Dual Agent- A licensee represents both the buyer and seller in the same transaction, with mutual consent.
* Transaction Licensee- A real estate licensee who provides services but does not represent either party as an agent.
Why the other answers are incorrect:
* Option A (Rental Agent):"Rental agent" is not a defined relationship in Pennsylvania law.
* Option B (Buyer & Seller Sub-Agent):Sub-agency is no longer common and is not a required disclosure.
* Option D (Designated Dual Agent):Dual agency and designated agency are separate concepts.
NEW QUESTION # 12
According to the Real Estate Commission, which of the following is REQUIRED to hold a real estate license in Pennsylvania?
Answer: D
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.
NEW QUESTION # 13
A salesperson secures a listing priced at $110,000. A prospective buyer asks the salesperson to write a
$65,000 offer for the property. The salesperson should:
Answer: D
Explanation:
Under49 Pa. Code § 35.292 (Duties of Licensees Generally),a real estate licensee is required to present all written offers to the seller, regardless of the amount.
* It is the seller's right to accept, reject, or counter an offer, not the salesperson's decision.
* A salesperson cannot refuse to submit an offer based on personal opinions about the price.
* Presenting all offers ensures fair dealings and upholds fiduciary duty to the seller.
Why the other answers are incorrect:
* Option B (Not Waste the Seller's Time):It is the seller's decision to accept or reject an offer, not the salesperson's.
* Option C (Advise Buyer to Offer More):A licensee must remain neutral and cannot pressure a buyer to increase their offer.
* Option D (Suggest Buyer Use Another Agent):There is no reason to transfer the buyer to another agent. The agent must present the offer.
NEW QUESTION # 14
A listing agreement must contain all of the following EXCEPT:
Answer: A
Explanation:
Under49 Pa. Code § 35.332 (Exclusive Listing Agreements), all listing agreements must specify the services provided, the duration of the agreement, and the compensation of the broker. However, there is no requirement to include the broker's license number.
* A listing agreement must clearly state the terms under which the broker will perform services and how they will be compensated.
* The duration of the agreement must also be specified to prevent misunderstandings.
Why the other answers are incorrect:
* Option A (Description of Services):This is a required component of the listing agreement.
* Option B (Duration of Listing):A listing agreement must have a start and end date.
* Option D (Broker's Compensation):Compensation must be clearly stated in the listing agreement.
NEW QUESTION # 15
The Real Estate Commission does NOT have the power to:
Answer: B
Explanation:
ThePennsylvania Real Estate Commission (PREC)has the authority toregulate real estate licenses but does not certify real estate appraisers.
* Real estate appraisers in Pennsylvania are regulated by the State Board of Certified Real Estate Appraisers, not the Real Estate Commission.
* The Commission's powers include:
* Suspending or revoking licensesfor violations.
* Imposing finesfor disciplinary actions.
* Auditing escrow accountsto ensure compliance with regulations.
Why the other answers are incorrect:
* Option A (Suspend or Revoke Licenses):TheCommission has the authority to discipline licensees.
* Option B (Impose Fines):TheCommission can fine violators for misconduct.
* Option C (Review Escrow Accounts):TheCommission can audit escrow accounts to protect client funds.
NEW QUESTION # 16
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