Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter B - GENERAL PROVISIONS › Section 35.202 - Exclusions from the act

Current through Register Vol. 54, No. 28, July 13, 2024
The following categories of individuals and entities are
						excluded from the act and this chapter:
(1) An owner of real estate with respect to
					 property owned or leased by the owner. In the case of a corporation or
					 partnership, this exclusion does not extend to more than five of the
					 partnership's partners or the corporation's officers, nor to the other employes
					 of the partnership or corporation.
(2) An employe of a public utility acting in
					 the ordinary course of utility-related business under
					 66 Pa.C.S. §§
												101-3315 (relating to the Public Utility
					 Code), with respect to negotiating the purchase, sale or lease of real
					 estate.
(3) An officer or employe
					 of a partnership or corporation whose principal business is the discovery,
					 extraction, distribution or transmission of energy or mineral resources, if the
					 purchase, sale or lease of real estate is a common and necessary transaction in
					 the conduct of the principal business.
(4) An attorney in fact who renders services
					 under an executed and recorded power of attorney from an owner or lessor of
					 real estate, if the power of attorney is not used to circumvent the intent of
					 the act. The Commission will consider it a circumvention of the intent of the
					 act for an owner or lessor of real estate to grant a power of attorney to a
					 property manager for the sole purpose of avoiding the necessity of having the
					 property managed by a real estate broker licensed under the act.
(5) An attorney-at-law who receives a fee
					 from his client for rendering services within the scope of the attorney-client
					 relationship and does not hold himself out as a real estate broker.
(6) A trustee in bankruptcy, administrator,
					 executor, trustee or guardian who is acting under authority of a court order,
					 will or trust instrument.
(7) An
					 elected officer or director of a banking institution, savings institution,
					 savings bank, credit union or trust company operating under applicable Federal
					 or State statutes when only the real estate of the banking institution, savings
					 institution, savings bank, credit union or trust company is involved.
(8) An officer or employe of a cemetery
					 company who, as an incidental part of his principal duties and without
					 remuneration therefore, shows lots in the company's cemetery to persons for use
					 as family burial lots and who accepts deposits on the lots for a representative
					 of the cemetery company legally authorized to sell them.
(9) A cemetery company or cemetery owned or
					 controlled by a bona fide church or religious congregation or fraternal
					 organization or by an association created by a bona fide church or religious
					 organization or fraternal organization.
(10) An auctioneer licensed under The
					 Auctioneers' License Act (63 P. S. §§
												701-732) (Repealed) or The Auctioneer and
					 Auction Licensing Act (63 P. S. §§
												734.1-734.34) while performing authorized
					 duties at a bona fide auction.
(11)
					 An individual who is employed by the owner of multifamily residential dwellings
					 to manage or maintain the dwellings and who is not authorized by the owner to
					 enter into leases on the owner's behalf, to negotiate terms and conditions of
					 occupancy with current or prospective tenants, or to hold money belonging to
					 the tenants other than on the owner's behalf. So long as the owner retains
					 authority to make decisions, the individual may show apartments and provide
					 information on rental amounts, building rules and regulations and leasing
					 determinations.
(12) An elected
					 officer, director or employe of a banking institution, savings institution,
					 savings bank, credit union or trust company operating under applicable Federal
					 or State statutes when acting on behalf of the banking institution, savings
					 institution, savings bank, credit union or trust company in performing
					 appraisals or other evaluations of real estate in connection with a loan
					 transaction.
The provisions of this §
													35.202 issued under the Real
						  Estate Licensing and Registration Act (63 P. S. §§
														455.101-455.902).