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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q38-Q43):

NEW QUESTION # 38
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. list the property with their firm
C. offer a sales commission or fee to cooperating brokers
D. disclose in all advertising that the owner of the property is a real estate licensee

Answer: D

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 # 39
A licensee meets with a couple to discuss listing their home, and the couple ends the meeting by signing a listing agreement. State law REQUIRES that the couple receive a copy of the agreement:

A. after the licensee obtains their employing broker's signature.
B. at the time their signatures are obtained.
C. within 5 business days from the time the agreement was signed.
D. after the cancellation period has expired.

Answer: B

Explanation:
Under49 Pa. Code § 35.331 (Written Agreements Generally),a copy of any written agreement (including listing agreements) must be provided to the parties at the time of signing.
* This rule ensures transparency and protects clients from unauthorized changes to agreements.
* Failure to provide an immediate copy is a violation of Pennsylvania real estate regulations.
Why the other answers are incorrect:
* Option B (Broker Signature First):Thebroker does not need to sign before providing a copy to the client.
* Option C (After Cancellation Period):There is no required waiting period before providing a copy.
* Option D (Within 5 Days):The law statesit must be immediate, not within 5 days.

NEW QUESTION # 40
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. Taking a listing that has a duration of only 2 months
C. Failure to disclose the licensee's use of a third party to acquire property listed by the licensee's office
D. Negotiating a commission that seriously undercuts those of other brokerage firms

Answer: C

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 # 41
Which of the following activities performed by the manager of a multifamily dwelling REQUIRES a real estate license?

A. Providing information on rental amounts to prospective renters
B. Distributing building rules and regulations
C. Showing apartments 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.

NEW QUESTION # 42
A salesperson is representing a buyer who wants to make an offer on a property that is listed by another licensee in her office. Without the listing licensee's knowledge, she becomes aware that the sellers are getting divorced. In what capacity would the salesperson NOT be able to share the information?

A. Dual agent
B. Designated buyer agent
C. Sub-agent of the buyer
D. Transaction licensee

Answer: A

Explanation:
Under49 Pa. Code § 35.314 (Duties of Dual Agents),a dual agent represents both the buyer and seller in the same transaction and must maintain neutrality by not disclosing confidential information unless required by law.
* If the salesperson has knowledge that the sellers are getting divorced, this is considered confidential information that could harm their negotiating position.
* Dual agents cannot disclose confidential facts that would disadvantage either party unless both parties agree in writing.
* Disclosure of confidential details in a dual agency scenario would be a violation of Pennsylvania real estate law.
Why the other answers are incorrect:
* Option B (Sub-Agent of Buyer):Asub-agent of the buyer has a fiduciary duty to the buyer and may disclose information that benefits them.
* Option C (Transaction Licensee):Atransaction licensee does not represent either party and may disclose non-confidential information.
* Option D (Designated Buyer Agent):Adesignated agent works solely for the buyer and is free to disclose information that benefits them.

NEW QUESTION # 43
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