reglab/statecodes huggingface dataset:
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 D - LICENSING EXAMINATIONS › Section 35.272 - Examination for salesperson's license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual who wants to take the
					 salesperson's examination for the purpose of obtaining a standard salesperson's
					 license shall:
(1) Be 18 years of age or
					 older.
(2) Have successfully
					 completed four credits, or 60 hours of instruction, in basic real estate
					 courses as determined by the Commission under subsection (b).
(3) Submit a completed examination
					 application to the Commission or its designee with the examination
					 fee.
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 D - LICENSING EXAMINATIONS › Section 35.273 - Examination for cemetery broker's license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual who wants to take the
					 salesperson's examination for the purpose of obtaining a standard cemetery
					 broker's license shall:
(1) Be 21 years of
					 age or older.
(2) Have worked at
					 least 3 years as a licensed salesperson or cemetery salesperson, with
					 experience qualifications that the Commission considers adequate for practice
					 as a cemetery broker, or possess at least 3 years of other experience,
					 education, or both, that the Commission considers the equivalent of 3 years'
					 experience as a licensed salesperson or cemetery salesperson.
(3) Have successfully completed four credits,
					 or 60 hours of instruction, in basic real estate courses as determined by the
					 Commission under subsection (b).
(4) Submit a completed examination
					 application to the Commission or its designee with:
(i) Official transcripts evidencing the
					 acquisition of degrees or course credits.
(ii) A detailed resume of real estate
					 activities performed by the candidate while working as a salesperson or
					 cemetery salesperson, and a sworn statement from the candidate's employing
					 broker confirming that these activities were performed if the candidate is a
					 licensed salesperson or cemetery salesperson.
(iii) A complete description of work
					 experience and education that the candidate considers relevant to the
					 requirements of paragraph (2) if the candidate is not a licensed salesperson or
					 cemetery salesperson.
(iv) The fee
					 for review of the candidate's qualifications to take the examination prescribed
					 in §
													35.203 (relating to fees) and the
					 fee for administration of the examination.
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 D - LICENSING EXAMINATIONS › Section 35.274 - Examination for builder-owner salesperson's license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual who wants to take the
					 salesperson's examination for the purpose of obtaining a standard builder-owner
					 salesperson's license shall:
(1) Be 18 years
					 of age or older.
(2) Be employed by
					 a builder-owner who has a good reputation for honesty, trustworthiness,
					 integrity and competence.
(3)
					 Submit a completed examination application to the Commission or its designee
					 with the examination fee.
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 D - LICENSING EXAMINATIONS › Section 35.275 - Examination for rental listing referral agent's license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual who wants to take the
					 salesperson's examination for the purpose of obtaining a standard rental
					 listing referral agent's license shall:
(1) Be
					 18 years of age or older.
(2) Have
					 successfully completed four credits, or 60 hours of instruction, in basic real
					 estate courses as determined by the Commission under subsection (b).
(3) Submit a completed examination
					 application to the Commission or its designee with the examination
					 fee.
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.281 - Putting contracts, commitments and agreements in writing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All contracts,
						commitments and agreements between a broker, or a licensee employed by the
						broker, and a principal or a consumer who is required to pay a fee, commission
						or other valuable consideration shall be in writing and contain the information
						specified in §
												35.331 (relating to written
						agreements generally).
(b) The
						following are exceptions to subsection (a):
(1) Open listing agreements or nonexclusive
						buyer agency agreements may be oral if the seller/buyer or landlord/tenant is
						provided with a written memorandum stating the terms of the
						agreement.
(2) Transaction
						licensees or subagents cooperating with listing brokers are not required to
						obtain a written agreement from the seller/landlord.
(3) Transaction licensees or subagents who
						provide services to the buyer/tenant but are paid by the seller/landlord or
						listing broker shall provide, and have signed, a written disclosure statement
						describing the nature of the services to be performed and containing the
						information required by section 608 of the act (63 P. S. §
														455.608).
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.282 - Misleading advice, assurances and representations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee may not give assurances or
						advice concerning an aspect of a real estate transaction that he knows, or
						reasonably should be expected to know, is incorrect, inaccurate or
						improbable.
(b) A licensee may not
						knowingly be a party to a material false or inaccurate representation in a
						writing regarding a real estate transaction in which he is acting in a
						representative capacity.
The provisions of this §
														35.282 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.283 - Disclosure of interest

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						licensee may not participate in a real estate transaction involving property in
						which he has an ownership interest unless he first discloses his interest in
						writing to all parties concerned.
(b) A licensee may not represent, or purport
						to represent, more than one party to a real estate transaction without the
						written consent of all parties concerned.
(c) A broker who manages rental property may
						not accept a commission, rebate or profit on expenditures made for the lessor
						without the lessor's written consent.
(d) A licensee who provides financial
						services, title transfer and preparation, insurance, construction, repair or
						inspection services, may not require a consumer to use any of these
						services.
(e) If the consumer
						chooses to use any of the services in subsection (d), the licensee shall
						provide the consumer with a written disclosure of any financial interest,
						including, a referral fee or commission, that the licensee has in the service.
						This disclosure shall be made at the time the licensee first advises the
						consumer that an ancillary service is available or when the licensee first
						learns that the consumer will be using the service.
(f) A licensee has a continuing obligation to
						disclose to a principal any conflict of interest in a reasonably practicable
						period of time after the licensee learns or should have learned of the conflict
						of interest.
The provisions of this §
														35.283 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902); amended under sections 404,
							 606-606.6 and 608-608.3 of the Real Estate Licensing and Registration Act
							 (63
							 P. S. §§
															455.404,
							 455.606-455.606f and
							 455.608-455.608c).
This section cited in 49 Pa. Code §
														35.292 (relating to duties of
							 licensees generally).
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.284 - Disclosures of business relationships

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disclosure to consumers seeking
						to sell or purchase residential or commercial real estate.
(1) Except as provided in subsection (e), a
						licensee shall provide the disclosure summary in §
													35.336 (relating to disclosure
						summary for the purchase or sale of residential or commercial real estate or
						for the lease of residential or commercial real estate when the licensee is
						working on behalf of the tenant) to consumers seeking to purchase or sell real
						estate at the initial interview if the interview occurs in person.
(2) If the initial interview does not occur
						in person, the licensee shall provide the oral disclosure in §
													35.339 (relating to the oral
						disclosure) at the initial interview and the written disclosure statement in
						§
													35.336 no later than the earlier
						of:
(i) The first meeting that the licensee
						has in person with the consumer after the initial interview.
(ii) The time the licensee or any person
						working with the licensee first shows a property to the
						consumer.
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.284a - Disclosures required by the Real Estate Seller Disclosure Law

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee who
						represents sellers or a transaction licensee who has entered into an agreement
						with sellers shall:
(1) Advise sellers of
						their duty to disclose any known material defects with the property by
						completing a property disclosure statement that satisfies the requirements in
						68 Pa.C.S. §
														7304
						(relating to disclosure form).
(2)
						Provide sellers with a property disclosure statement that meets or exceeds the
						disclosures set forth in §
													35.335a (relating to seller
						property disclosure statement).
(3)
						Deliver the completed property disclosure statement or the property disclosure
						statement marked "refused" to the buyer, the licensee who represents the buyer
						or the transaction licensee who has entered into an agreement with the buyer
						prior to the execution of an agreement of sale.
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.285 - Disclosure of real estate affiliations

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee shall provide to the Commission or its
						  representatives upon proper demand information regarding a franchisor, network
						  or other parent real estate company with which the licensee is, or may become,
						  affiliated.
The provisions of this §
														35.285 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
This section cited in 49 Pa. Code §
														43b.8 (relating to schedule of
							 civil penalties-real estate and cemetery brokers, real estate
							 schools).
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.286 - Retention and production of records

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Retention.
A broker or
						cemetery broker shall retain records pertaining to a real estate transaction
						for at least 3 years following consummation except for the following which
						shall be retained for 6 months:
(1) The
						acknowledgement portion of the consumer notice applicable to the sale or
						purchase of real estate in §
													35.336 (relating to disclosure
						summary for the purchase or sale of residential or commercial real estate or
						the lease of residential or commercial real estate or lease of residential or
						commercial real estate when the licensee is working on behalf of the tenant)
						when there is not a real estate transaction.
(2) The acknowledgement portion of the
						consumer notice applicable to time shares in §
													35.338 (relating to disclosure
						summary for time-share estates).
(3) The acknowledgement portion of the
						consumer notice applicable to leases in §
													35.336 and §
													35.337 (relating to disclosure
						summary for the lease of residential or commercial real estate when the
						licensee is working on behalf of the owner).
(4) The written disclosure statement
						establishing a subagent or transaction licensee relationship required by §
													35.281(b)(3)
						(relating to putting contracts, commitments and agreements in
						writing).
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.287 - Supervised property management assistance by salespersons

Current through Register Vol. 54, No. 28, July 13, 2024
A salesperson may assist in property management if the
						  salesperson's work is supervised and controlled by the employing broker. The
						  salesperson may not independently negotiate the terms of a lease nor execute a
						  lease on behalf of the lessor.
The provisions of this §
														35.287 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902); amended under sections 404,
							 606-606.6 and 608-608.3 of the Real Estate Licensing and Registration Act
							 (63
							 P. S. §§
															455.404,
							 455.606-455.606f and
							 455.608-455.608c).
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.288 - Duties when selling or leasing own real estate

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A broker or salesperson who sells or
						leases his own real estate shall comply with the requirements of the act and
						this chapter.
(b) A broker or
						salesperson who is selling or leasing his own real estate shall disclose his
						licensed status to a prospective buyer or lessee before the buyer or lessee
						enters into an agreement of sale or lease. See §
												35.304 (relating to disclosure of
						licensure when advertising own real estate).
The provisions of this §
														35.288 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.289 - Valid list of rentals

Current through Register Vol. 54, No. 28, July 13, 2024
The list of rental units that a rental listing referral
						  agent gives to a prospective tenant shall meet the desired specifications
						  sought by the prospective tenant as set forth in the rental listing agreement.
						  The rental listing referral agent shall verify the availability of the rental
						  units no more than 4 days prior to the date the agent collects a fee from the
						  prospective tenant.
The provisions of this §
														35.289 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.290 - Reporting of crimes and disciplinary actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee shall notify the Commission of
						being convicted of, or pleading guilty or nolo contendere to, a felony or
						misdemeanor, within 30 days of the verdict or plea.
(b) A licensee shall notify the Commission of
						disciplinary action taken against him by the real estate licensing authority of
						another jurisdiction within 30 days of receiving notice of the disciplinary
						action.
The provisions of this §
														35.290 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
This section cited in 49 Pa. Code §
														43b.8 (relating to schedule of
							 civil penalties-real estate and cemetery brokers, real estate
							 schools).
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.291 - Posting of suspension notice

Current through Register Vol. 54, No. 28, July 13, 2024
A broker or cemetery broker whose license is suspended
						  by the Commission shall return his license to the Commission and shall post a
						  notice of the Commission's action at the main office and at branch offices. The
						  notice, which will be provided by the Commission, shall be posted prominently
						  on or near the public entrance to each office. Failure to post the notice
						  constitutes grounds for further disciplinary action by the
						  Commission.
The provisions of this §
														35.291 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
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 E - STANDARDS OF CONDUCT AND PRACTICE › GENERAL ETHICAL RESPONSIBILITIES › Section 35.292 - Duties of licensees generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The following duties are owed to all consumers of real estate services and may
						not be waived:
(1) Exercise reasonable
						professional skill and care.
(2)
						Deal honestly and in good faith.
(3) Present, in a reasonably practicable
						period of time, all offers, counteroffers, notices and communications to and
						from the parties in writing, unless the property is subject to an existing
						contract and the seller/landlord has agreed in a written waiver.
(4) Comply with 68 Pa.C.S. Chapter 73
						(relating to Real Estate Seller Disclosure Law).
(5) Account for escrow and deposits funds as
						required by section 604(a)(5) of the act (63 P. S. §
														455.604(a)(5)) and
						§§
													35.321-35.328 (relating to escrow
						requirements).
(6) Provide
						consumers with the information in section 608 of the act (63 P. S. §
														455.608) at the initial interview.
(7) Disclose, in a reasonably practicable
						period of time, all conflicts of interest and financial interests as required
						in §
													35.283 (relating to disclosure of
						interest).
(8) Advise the consumer
						to seek expert advice on matters about the transaction that are beyond the
						licensee's expertise.
(9) Ensure
						that all services are provided in a reasonable, professional and competent
						manner.
(10) Keep the consumer
						informed about the transaction and the tasks to be completed.
(11) Provide assistance with document
						preparation.
(12) Advise the
						consumer about compliance with laws pertaining to real estate transactions
						without rendering legal advice.
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 E - STANDARDS OF CONDUCT AND PRACTICE › ADVERTISING AND SOLICITATION › Section 35.301 - Unauthorized advertising and solicitation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee may not advertise the sale or
						lease of real estate, or otherwise solicit prospective buyers or tenants for
						the real estate, without the authority of the seller or lessor or of the agent
						of the seller or lessor.
(b) A
						rental listing referral agent may not publish information about a rental
						property if the lessor or property manager expressly states that the property
						is not to be included in lists prepared by rental listing referral
						agents.
The provisions of this §
														35.301 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
This section cited in 49 Pa. Code §
														43b.8 (relating to schedule of
							 civil penalties-real estate and cemetery brokers, real estate
							 schools).
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 E - STANDARDS OF CONDUCT AND PRACTICE › ADVERTISING AND SOLICITATION › Section 35.302 - Harassment

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee, whether acting on behalf of a prospective
						  buyer or not, may not solicit-by personal contact, telephone, mail or
						  advertising-the sale or other disposition of real estate with such frequency as
						  to amount to clear harassment of the owner or other person who controls the
						  sale or disposition of the real estate.
The provisions of this §
														35.302 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
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 E - STANDARDS OF CONDUCT AND PRACTICE › ADVERTISING AND SOLICITATION › Section 35.303 - Panic selling

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Commission will regard an attempt by a licensee to bring about panic selling in
						order to profit from it as bad faith under section 604(a)(20) of the act
						(63
						P. S. §
													455.604(a)(20)). For
						purposes of this section, "panic selling" is frequent efforts to sell
						residential real estate in a particular neighborhood because of fear of
						declining real estate values when the fear is not based on facts relating to
						the intrinsic value of the real estate itself.
(b) Proof of systematic solicitation of sales
						listings may be considered sufficient, but not conclusive, evidence of an
						attempt to bring about panic selling.
The provisions of this §
														35.303 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
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 E - STANDARDS OF CONDUCT AND PRACTICE › ADVERTISING AND SOLICITATION › Section 35.304 - Disclosure of licensure when advertising own real estate

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee who sells or leases his own real estate
						  shall disclose that he is a real estate licensee in advertisements for the
						  property. This requirement does not apply if the property is listed with a real
						  estate company.
The provisions of this §
														35.304 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902); amended under sections 404
							 and 602 of the Real Estate Licensing Registration Act (63 P. S.
							 §§
															455.404 and
							 455.602).
This section cited in 49 Pa. Code §
														35.288 (relating to duties when
							 selling or leasing own real estate); and 49 Pa. Code §
														43b.8 (relating to schedule of
							 civil penalties-real estate and cemetery brokers, real estate
							 schools).
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 E - STANDARDS OF CONDUCT AND PRACTICE › ADVERTISING AND SOLICITATION › Section 35.305 - Business name on advertisements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Brokerage companies, including sole proprietorships, cemetery companies and
						rental listing referral agencies shall advertise or otherwise hold
themselves
out to the public only under the business name
						designated on
their
license.
(b) Licensees who wish to use and advertise a
						nickname for their first names shall include the nickname on their licensure
						applications or biennial renewal applications.
(c) An advertisement by an associate broker,
						salesperson, cemetery associate broker or cemetery salesperson shall contain
						the business name and telephone number of the employing broker. The names and
						telephone numbers shall be of equal size.
The provisions of this §
														35.305 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902); amended under sections 201,
							 404, 501, 601, 602 and 604 of the Real Estate Licensing Registration Act
							 (63
							 P. S. §§
															455.201,
							 455.404,
							 455.501,
							 455.601,
							 455.602 and
							 455.604).
This section cited in 49 Pa. Code §
														43b.8 (relating to schedule of
							 civil penalties-real estate and cemetery brokers, real estate
							 schools).
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 E - STANDARDS OF CONDUCT AND PRACTICE › ADVERTISING AND SOLICITATION › Section 35.306 - Advertisements of lotteries, contests, prizes, certificates, gifts and lots

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						advertisement by a licensee for the solicitation, sale or offering for sale of
						real estate that employs lotteries or contests or that offers prizes,
						certificates, gifts or free lots shall contain:
(1) A description of each prize, certificate,
						gift or lot offered.
(2) The
						prerequisites for receiving each prize, certificate, gift or lot
						offered.
(3) Limitation on the
						number of prizes, certificates, gifts or lots offered.
(4) The fair market value of each prize,
						certificate, gift or lot offered. If the advertisement is in a print medium,
						the statement of fair market value shall be in the same size type as the
						description of the prize, certificate, gift or lot offered. For purposes of
						this paragraph, "fair market value" is the price or value that a prospective
						buyer would expect to pay, or be charged for, if he were to acquire a similar
						item of like quality and quantity in a retail outlet that offers the item for
						sale to the general public.
(5) The
						odds of winning or receiving each prize, certificate, gift or lot offered. If
						the advertisement is in a print medium, the statement of odds shall be the same
						size type as the description of the prize, certificate, gift or lot, and shall
						appear immediately adjacent to the description.
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 E - STANDARDS OF CONDUCT AND PRACTICE › ADVERTISING AND SOLICITATION › Section 35.307 - Advertisements of sales volume, market position and numbers of offices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						advertisement by a broker about "sales volume" or "production" shall refer only
						to closed transactions. For purpose of this subsection, a "closed transaction"
						is either a listing sold or a sale made after a fully executed deed is
						delivered.
(b) An advertisement by
						a broker about his production or position in the "market" shall identify the
						municipality that the market comprises.
(c) An advertisement by a broker about the
						number of offices that he operates shall refer only to those offices that have
						been issued branch office licenses by the Commission.
The provisions of this §
														35.307 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
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 E - STANDARDS OF CONDUCT AND PRACTICE › ADVERTISING AND SOLICITATION › Section 35.308 - Relationship with educational institution

Current through Register Vol. 54, No. 28, July 13, 2024
A real estate company, franchise or network may
						  promote, endorse or advertise its association, affiliation or connection with a
						  real estate education provider or with an accredited college as defined in
						  §
												35.201 (relating to definitions)
						  regarding its offering of real estate instruction. An association, affiliation
						  or connection which includes an ownership interest shall be disclosed in all
						  promotions, endorsements or advertisements. For purposes of this section, an
						  ownership interest will be considered by the Commission to include proprietary
						  or beneficial interests through which the real estate company, franchise or
						  network earns or has the potential to earn income, or which produces a direct
						  or indirect economic benefit.
The provisions of this §
														35.308 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902); amended under sections 404,
							 404.1 and 602 of the Real Estate Licensing Registration Act (63 P. S.
							 §§
															455.404,
							 455.404a and
							 455.602).
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 E - STANDARDS OF CONDUCT AND PRACTICE › PERMITTED RELATIONSHIPS › Section 35.311 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee and
						a consumer may enter into the relationship specified in sections 606.2-606.4
						and 606.6 of the act (63 P.S. §§
													455.606-455.606d and
						455.606f).
(b) A broker may not extend or delegate the
						broker's agency relationship without the written consent of the
						principal.
(c) Compensation paid by
						a broker to another broker who assists in the marketing and sale/lease of a
						consumer's property does not create an agency relationship between the consumer
						and that other broker.
(d) A
						licensee in an agency relationship may not knowingly, during or following the
						termination of an agency relationship, reveal or use confidential information
						of the principal, except when one or more of the following apply:
(1) The principal consented to the
						disclosure.
(2) The information is
						disclosed to another licensee or third party acting solely on behalf of the
						principal.
(3) The information is
						required to be disclosed under subpoena or court order.
(4) The disclosure is necessary to prevent
						the principal from committing a crime.
(5) The information is used by the licensee
						to defend in a legal proceeding against an accusation of wrongdoing.
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 E - STANDARDS OF CONDUCT AND PRACTICE › PERMITTED RELATIONSHIPS › Section 35.312 - Duties of seller's agent

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						addition to the duties required in §
												35.292 (relating to duties of
						licensees generally), a seller's agent owes the additional duties of:
(1) Loyalty to the seller/landlord by acting
						in the seller's/landlord's best interest.
(2) Confidentiality, except that a licensee
						has a duty to reveal known material defects about the property.
(3) Making a continuous and good faith effort
						to find a buyer/tenant for the property except when the property is subject to
						an existing agreement of sale/lease.
(4) Disclosure to other parties in the
						transaction that the licensee has been engaged as a seller's agent.
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 E - STANDARDS OF CONDUCT AND PRACTICE › PERMITTED RELATIONSHIPS › Section 35.313 - Duties of buyer's agent

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						addition to the duties required in §
												35.292 (relating to duties of
						licensees generally), a buyer's agent owes the additional duties of:
(1) Loyalty to the buyer/tenant by acting in
						the buyer's/tenant's best interest.
(2) Confidentiality.
(3) Making a continuous and good faith effort
						to find a property for the buyer/tenant except when the buyer/tenant is subject
						to an existing contract for sale/lease.
(4) Disclosure to other parties in the
						transaction that the licensee has been engaged as a buyer's agent.
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 E - STANDARDS OF CONDUCT AND PRACTICE › PERMITTED RELATIONSHIPS › Section 35.314 - Duties of dual agent

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee
						may act as a dual agent if both parties consent in writing.
(b) In addition to the duties required in
						§
												35.292 (relating to duties of
						licensees generally), a dual agent owes the additional duties of:
(1) Taking no action that is adverse or
						detrimental to either party's interest in the transaction.
(2) Unless otherwise agreed in writing,
						making a continuous and good faith effort to find a buyer/tenant for the
						property and a property for the buyer/tenant except when the buyer/tenant or
						seller/landlord is subject to an existing contract.
(3) Confidentiality, except that a licensee
						is required to disclose known material defects about the
						property.
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 E - STANDARDS OF CONDUCT AND PRACTICE › PERMITTED RELATIONSHIPS › Section 35.315 - Duties of designated agent

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						broker, with the written consent of the principal, may designate one or more
						licensees to act exclusively as the agent of the seller/landlord, and designate
						one or more licensees to act exclusively as the agent of the buyer/tenant in
						the same transaction.
(b)
						Designation may take place at any time. If designation takes place after the
						initial designation or after a written agreement has been entered into, the
						broker shall:
(1) Obtain the principal's
						consent, in writing, to the newly designated licensee.
(2) Obtain, when applicable, the principal's
						agreement to renounce any previous agency relationship with the other licensees
						employed by the broker.
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 E - STANDARDS OF CONDUCT AND PRACTICE › PERMITTED RELATIONSHIPS › Section 35.316 - Duties of transaction licensee

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the duties required in §
												35.292 (relating to duties of
						  licensees generally), a transaction licensee shall advise the consumer that the
						  licensee:
(1) Is not acting as an
						agent or advocate for the consumer and should not be provided with confidential
						information.
(2) Owes the
						additional duty of limited confidentiality in that the following information
						may not be disclosed:
(i) The seller/landlord
						will accept a price less than the asking/listing price.
(ii) The buyer/tenant will pay a price
						greater than the price submitted in a written offer.
(iii) The seller/landlord or buyer/tenant
						will agree to financing terms other than those offered.
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 E - STANDARDS OF CONDUCT AND PRACTICE › ESCROW REQUIREMENTS › Section 35.321 - Duty to deposit money belonging to another into escrow account

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
						provided in subsection (b), a broker shall deposit money that the broker
						receives belonging to another into an escrow account in a Federally or
						State-insured bank or depository to be held pending consummation of the
						transaction or a prior termination thereof that does not involve a dispute
						between the parties to the transaction, at which time the broker shall pay over
						the full amount to the party entitled to receive it. If a broker is a
						partnership, association or corporation, its broker of record shall be
						responsible for ensuring that the escrow duty is performed.
(b) A broker is not required to hold in
						escrow rents that he receives as a property manager for a lessor. A broker
						shall deposit rents received into a rental management account that is separate
						from the broker's escrow and general business accounts.
(c) If a broker receives money belonging to
						another under an installment land purchase agreement, the transaction shall be
						considered consummated, for purposes of subsection (a), when the buyer has been
						afforded the opportunity, by means of the seller's written acknowledgement on
						or affixed to the agreement, to record the agreement, unless the agreement
						specifies otherwise.
(d) If a
						broker receives money belonging to another under an agreement of sale involving
						cemetary property, the transaction shall be considered consummated, for
						purposes of subsection (a), when the buyer receives a copy of the agreement of
						sale.
(e) If a broker receives a
						security deposit belonging to another under a lease agreement, the broker's
						duty to pay over the deposit for purposes of subsection (a), shall arise when
						the tenancy ends. If a sale of the leased premises or a change in a property
						management contract occurs during the term of the tenancy, the broker may
						transfer the security deposit from the broker's escrow account to the escrow
						account of the lessor or the lessor's broker upon notification in writing to
						each tenant from whom the broker received a deposit of the name and address of
						the banking institution in which the deposits will be held, and the amount of
						the deposits.
The provisions of this §
														35.321 issued under the Real
							 Estate Licensing and Registration Act (63 P.S. §§
															455.101-455.902); amended under sections 404
							 and 602 of the Real Estate Licensing Registration Act (63 P.S.
							 §§
															455.404 and
							 455.602).
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 E - STANDARDS OF CONDUCT AND PRACTICE › ESCROW REQUIREMENTS › Section 35.322 - Nonwaiver of escrow duty

Current through Register Vol. 54, No. 28, July 13, 2024
A broker's escrow duty may not be waived or altered by
						  an agreement between the parties to the transaction, between the broker and the
						  parties, or between the broker and other brokers who may be involved in the
						  transaction.
The provisions of this §
														35.322 issued under the Real
							 Estate Licensing and Registration Act (63 P.S. §§
															455.101-455.902).
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 E - STANDARDS OF CONDUCT AND PRACTICE › ESCROW REQUIREMENTS › Section 35.323 - Responsibility for escrow in cobrokerage transactions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a sales deposit is tendered by a buyer
						to the listing broker rather than to the selling broker, the listing broker
						shall assume the escrow duty.
(b)
						If a sales deposit is tendered by a buyer to the selling broker with the buyer
						having prior notice that the selling broker intends to deliver the deposit to
						the listing broker, the listing broker shall assume the escrow duty. The
						selling broker shall require the buyer to acknowledge in writing, prior to his
						signing the agreement of sale, that the prior notice contained the following
						information:
(1) The name of the listing
						broker.
(2) That the selling
						broker's acceptance of the buyer's deposit is on behalf of the listing broker
						as subagent for the listing broker.
(3) That the listing broker is a licensed
						real estate broker who is required to hold the deposit in escrow.
(4) That the listing broker be designated as
						payee, if the buyer's deposit is in the form of a check.
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 E - STANDARDS OF CONDUCT AND PRACTICE › ESCROW REQUIREMENTS › Section 35.324 - Deadline for depositing money into escrow account

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsection (b), a
						broker shall deposit money belonging to another into an escrow account by the
						end of the next business day following its receipt in the real estate office
						where the escrow records are maintained.
(b) If the money of another has been tendered
						to the broker in the form of a check under an offer to purchase or lease real
						estate, the broker may, with the written permission of both the buyer and the
						seller or the lessee and the lessor, refrain from depositing the money into an
						escrow account by the deadline in subsection (a) pending the seller's or
						lessor's acceptance of the offer. The broker shall deposit the check into an
						escrow account within 1 business day of the seller's or lessor's acceptance of
						the offer.
The provisions of this §
														35.324 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
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 E - STANDARDS OF CONDUCT AND PRACTICE › ESCROW REQUIREMENTS › Section 35.325 - Escrow account

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An escrow
						account shall:
(1) Be maintained in a
						Federally- or State-insured bank or recognized depository.
(2) Designate the broker as
						trustee.
(3) Provide for the
						withdrawal of funds without prior notice.
(4) Be used exclusively for escrow
						purposes.
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 E - STANDARDS OF CONDUCT AND PRACTICE › ESCROW REQUIREMENTS › Section 35.326 - Prohibition against commingling or misappropriation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsection (b), a
						broker may not commingle money that is required to be held in escrow-or
						interest earned on an escrow account-with business, personal or other
						funds.
(b) A broker may deposit
						business or personal funds into an escrow account to cover service charges
						assessed to the account by the bank or depository where the account is located
						or to maintain a minimum balance in the account as required by the regulations
						of the bank or depository.
(c) A
						broker may not misappropriate money that is required to be held in escrow-or
						interest earned on an escrow account-for business, personal or other
						purposes.
The provisions of this §
														35.326 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).