Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.8 - Schedule of civil penalties-real estate and cemetery brokers, real estate education providers

Current through Register Vol. 54, No. 28, July 13, 2024
STATE REAL ESTATE COMMISSION
Violation under 35 P.S.
Title/Description
Civil Penalty
Section 637.6(a)(1)
Failure of broker or cemetery broker to post a
								  sign in a real estate office or cemetery office or real estate education
								  provider to post a sign in a real estate school as required under section 4 of
								  the Clean Indoor Air Act (35 P.S. §
																637.4)
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense-$1,000
Section 637.6(a)(2)
Broker or cemetery broker permitting smoking in
								  a real estate or cemetery office or real estate education provider permitting
								  smoking in a real estate school in violation of the Clean Indoor Air Act
								  (35
								  P.S. §§
																637.1-637.11)
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense)-$1,000
Section 637.6(a)(3)
Licensee of the Commission smoking in a real
								  estate office, cemetery office or real estate school in violation of the Clean
								  Indoor Air Act
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense)-$1,000
Violation under 63 P.S.
Title/Description
Civil Penalty
Section 455.301
Acting in capacity of cemetery broker or
								  cemetery salesperson without a license
1st offense-$250 per violation
2nd offense-$500 per violation
Section
								  455.601(a)
Failure of licensee to notify Commission of
								  change of location of office of broker or cemetery broker within 10
1st offense-$125
2nd offense-$250
Section
								  455.601(a)
Failure of broker or cemetery broker to maintain
								  sign with licensed name outside office
1st offense-$250
2nd offense-$500
Section 455.603
Failure of licensee to notify Commission of
								  change of employing broker within 10 days
1st offense-$125
2nd offense-$250
Section 455.604(a)(4)
Use of any trade name or insignia or membership
								  in any real estate association or organization of which the licensee is not a
								  member
1st offense-$250
2nd offense-$500
Section 455.604(a)(8)
Placing a "for sale" or "for rent" sign or
								  advertising property without the written consent of the owner
1st offense-$250
2nd offense-$500
Section 455.604(a)(16)
Failure to exercise adequate supervision of
								  licensed salesperson or associate broker (when subordinate violates §
															455.601(a),
								  § 455.603 or § 455.604(a)(21))
Same as penalty for underlying offense by
								  subordinate
Section 455.604(a)(21)
Failure of licensee to have current license when
								  performing licensed activity
1st offense-$250 per month up to $1,000
2nd offense-Formal action
Section 455.609(b)
Failure to include right-of-cancellation
								  information in a time share or campground membership
1st offense-$500
2nd offense-$1,000
Section 2205(b)(2)
Aiding and abetting cemetery or real estate
								  sales activities by unlicensed individuals
1st offense-$250 per individual
2nd offense-$500 per individual
Violation under 49 Pa. Code Chapter
								  35
Title/Description
Civil Penalty
Section 35.242(a)
Failure of broker or cemetery broker to devote
								  office to transaction of real estate business in privacy
1st offense-$125
2nd offense-$250
Section 35.242(b)
Failure of broker or cemetery broker to maintain
								  separate entrance to office located in private residence
1st offense-$125
2nd offense-$250
Section 35.242(c)
Failure of broker or cemetery broker to display
								  business name prominently and in permanent fashion outside office
1st offense-$250
2nd offense-$500
Section 35.243(a)
Failure of broker or cemetery broker to obtain
								  license before opening branch office
1st offense-$250
2nd offense-$500
Section 35.245(a)
Failure of broker, cemetery broker or rental
								  listing referral agent to maintain the current license of employed or
								  affiliated licensees at main office
1st offense-$125
2nd offense-$250
Section 35.245(b)
Failure of broker or cemetery broker to maintain
								  a list of licensees employed or affiliated with the broker or cemetery broker
								  at the branch office out of which each licensee works
1st offense-$125
2nd offense-$250
Section 35.285
Failure to provide Commission or its
								  representative with information regarding a franchisor, network or other parent
								  real estate company with which the licensee is or may become
								  affiliated
1st offense-$250
2nd offense-$500
Section 35.286(a)
Failure of broker to retain a copy of the
								  written estimate of reasonably foreseeable expenses required under 49 Pa. Code
								  §
															35.334 (relating to statements of
								  estimated cost and return)
1st offense-$250
2nd offense-$500
Section 35.286(a)(1
) Failure of broker, associate broker or
								  salesperson to retain a copy of the acknowledgement portion of the Consumer
								  Notice
1st offense-$250
2nd offense-$500
Section 35.286(b)
Failure of a licensed entity other than an
								  individual to produce its corporate, partnership or association records for
								  examination by the Commission or its authorized representative
1st offense-$250
2nd offense-$500
Section 35.290(b)
Failure of a licensee to notify the Commission
								  of disciplinary action taken against the licensee by the real estate licensing
								  authority of another jurisdiction within 30 days of receiving notice of the
								  disciplinary action
1st offense-$500
2nd offense-$1,000
Section 35.292(a)(6
) Failure of broker, associate broker or
								  salesperson to provide a copy of the Consumer Notice as required under
								  63
								  P.S. §
																455.608 (relating to information
								  to be given at initial interview)
1st offense-$250
2nd offense-$500
Section 35.301(a)
Advertising the sale or lease of real estate
								  without the authority of the seller or lessor or its agent
1st offense-$250
2nd offense-$500
Section 35.301(b)
Publishing information about a rental property
								  if the lessor or property manager expressly stated that the property was not to
								  be included in lists prepared by rental listing referral agents
1st offense-$250
2nd offense-$500
Section 35.304
Failure of a licensee who sells or leases his
								  own real estate to disclose in ads for the property that he is a
								  licensee
1st offense-$250
2nd offense-$500
Section 35.305(a)
Failure of broker, cemetery broker or rental
								  listing referral agent to advertise or hold himself out to public under
								  business name designated on license
1st offense-$250
2nd offense-$500
Section 35.305(b)
Advertising or using a nickname that has not
								  been registered with the Commission
1st offense-$250
2nd offense-$500
Section 35.305(c)
Failure of salesperson or associate broker to
								  include the business name and telephone number of the broker in at least equal
								  size as the salesperson's or associate broker's name and telephone number on an
								  advertisement
1st offense-$250
2nd offense-$500
Section 35.334
Failure of broker to provide a written estimate
								  of reasonably foreseeable expenses
1st offense-$250
2nd offense-$500
Section 35.361(a)
Failure of real estate education provider to
								  prominently display certificate of approval at main location
1st offense-$125
2nd offense-$250
Section 35.361(b)
Failure of real estate education provider to
								  prominently display approved name at each location where courses are
								  taught
1st offense-$250
2nd offense-$500