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 E - STANDARDS OF CONDUCT AND PRACTICE › ESCROW REQUIREMENTS › Section 35.327 - Procedure when entitlement to money held in escrow is disputed

Current through Register Vol. 54, No. 28, July 13, 2024
If a dispute arises between the parties to a real
						  estate transaction over entitlement to money that is being held in escrow by a
						  broker, the broker shall retain the money in escrow until the dispute is
						  resolved. If resolution of the dispute appears remote without legal action, the
						  broker may, following 30 days' notice to the parties, petition the county court
						  having jurisdiction in the matter to interplead the rival
						  claimants.
The provisions of this §
														35.327 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 35.328 - Escrow records

Current through Register Vol. 54, No. 28, July 13, 2024
A broker shall keep records of monies received by him
						  that are required to be held in escrow and shall produce the records for
						  examination by the Commission or its authorized representatives upon written
						  request or pursuant to an office inspection under §
												35.246 (relating to inspection of
						  office). The records shall contain:
(1) The name of the party from whom the
						broker received the money.
(2) The
						name of the party to whom the money belongs.
(3) The name of the party for whose account
						the money is deposited.
(4) The
						date the broker received the money.
(5) The date the broker deposited the money
						into the escrow account.
(6) The
						date the broker withdrew the money from the escrow account.
The provisions of this §
														35.328 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 › REAL ESTATE DOCUMENTS › Section 35.331 - Written agreements generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						A written agreement between a broker and a principal or between a broker and a
						consumer whereby the consumer is or may be committed to pay a fee, commission
						or other valuable consideration shall contain the following:
(1) Notification that a Real Estate Recovery
						Fund exists to reimburse a person who has obtained a final civil judgment
						against a Commonwealth real estate licensee owing to fraud, misrepresentation
						or deceit in a real estate transaction and who has been unable to collect the
						judgment after exhausting legal and equitable remedies. Details about the Fund
						may be obtained by calling the Commission at (717) 783-3658.
(2) Notification that payments of money
						received by the broker on account of a sale-regardless of the form of payment
						and the person designated as payee (if payment is made by an instrument)-shall
						be held by the broker in an escrow account pending consummation of the sale or
						a prior termination thereof.
(3)
						Notification that the broker's commission and the duration of the agreement
						have been determined as a result of negotiations between the broker, or a
						licensee employed by the broker, and the seller/landlord or
						buyer/tenant.
(4) A description of
						the services to be provided and the fees to be charged.
(5) Notification about the possibility that
						the broker or any licensee employed by the broker may provide services to more
						than one party in a single transaction, and an explanation of the duties owed
						to the other party and the fees which the broker may receive for those
						services.
(6) Notification of the
						licensee's continuing duty to disclose in a reasonably practicable period of
						time any conflict of interest.
(7)
						In an agreement between a broker and a seller/landlord, a statement regarding
						cooperation with subagents and buyers agents, a disclosure that a buyer agent,
						even if compensated by the listing broker or seller/landlord will represent the
						interests of the buyer/tenant and a disclosure of any potential for the broker
						to act as a dual agent.
(8) In an
						agreement between a broker and a buyer/tenant, an explanation that the broker
						may be compensated based upon a percentage of the purchase price, the broker's
						policies regarding cooperation with listing brokers willing to pay buyer's
						brokers, a disclosure that the broker, even if compensated by the listing
						broker or seller/landlord will represent the interests of the buyer/tenant and
						a disclosure of any potential for the broker to act as a dual 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 › REAL ESTATE DOCUMENTS › Section 35.332 - Exclusive listing agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						An exclusive listing agreement may comprise one of the following:
(1) The exclusive agency of the
						broker.
(2) The exclusive
						right-to-sell or exclusive right-to-lease.
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 › REAL ESTATE DOCUMENTS › Section 35.334 - Statements of estimated cost and return

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before an agreement of sale is executed,
						the brokers involved in the transaction shall provide each party with a written
						estimate of reasonably foreseeable expenses associated with the sale that the
						party may be expected to pay, including, but not limited to:
(1) The broker's commission.
(2) The mortgage payments and financing
						costs.
(3) Taxes and
						assessments.
(4) Settlement
						expenses.
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 › REAL ESTATE DOCUMENTS › Section 35.335 - Rental listing referral agreements

Current through Register Vol. 54, No. 28, July 13, 2024
The agreement between a rental listing referral agent
						  and a prospective tenant shall contain:
(1) The rental specifications desired by the
						prospective tenant, such as location and rent.
(2) The following statement in bold print:
"We are a referral service only. We are not acting as
						  real estate salespersons or brokers. We do not guarantee that the purchaser
						  will find a satisfac-tory rental unit through our service. Our only purpose is
						  to furnish the purchaser with lists of available rental
						  units."
The provisions of this §
														35.335 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 › REAL ESTATE DOCUMENTS › Section 35.337 - Disclosure summary for the lease of residential or commercial real estate when the licensee is working on behalf of the owner

Current through Register Vol. 54, No. 28, July 13, 2024
The disclosure summary for the lease of residential or
						  commercial property shall be in the following format:
CONSUMER NOTICE THIS IS NOT A
						  CONTRACT
(LICENSEE) HEREBY STATES THAT WITH RESPECT TO THIS
						  PROPERTY, (DESCRIBE PROPERTY) I AM ACTING IN THE
FOLLOWING CAPACITY: (CHECK ONE)
(I) OWNER/LANDLORD OF THE PROPERTY;
(II) A DIRECT EMPLOYEE OF THE OWNER/LANDLORD;
						OR
(III) AN AGENT OF THE
						OWNER/LANDLORD PURSUANT TO A PROPERTY MANAGEMENT OR EXCLUSIVE LEASING
						AGREEMENT.
I ACKNOWLEDGE THAT I HAVE RECEIVED THIS NOTICE:
DATE: ____________ ____________
PRINT (CONSUMER) PRINT (CONSUMER)
____________ ____________
SIGNED (CONSUMER) SIGNED (CONSUMER)
ADDRESS (OPTIONAL): ADDRESS (OPTIONAL):
PHONE NUMBER PHONE NUMBER (OPTIONAL):
						  (OPTIONAL):
______________________________________
I CERTIFY THAT I HAVE PROVIDED THIS NOTICE:
____________ ____________
(LICENSEE) (DATE)
The provisions of this §
														35.337 issued 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 §
														35.284 (relating to disclosures of
							 business relationships); 49 Pa. Code §
														35.286 (relating to retention and
							 production of records); and 49 Pa. Code §
														35.331 (relating to written
							 agreements 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 › REAL ESTATE DOCUMENTS › Section 35.338 - Disclosure summary for time-share estates

Current through Register Vol. 54, No. 28, July 13, 2024
The disclosure summary for time-share estates shall be
						  in the following format:
CONSUMER NOTICE THIS IS NOT A
						  CONTRACT
(LICENSEE) HEREBY STATES THAT WITH RESPECT TO THIS
						  PROPERTY, (DESCRIBE PROPERTY) I AM ACTING IN THE FOLLOWING CAPACITY: (CHECK
						  ONE)
(I) OWNER OF THE
						PROPERTY;
(II) A DIRECT EMPLOYEE OF
						THE OWNER; OR
(III) AN AGENT OF THE
						OWNER PURSUANT TO A PROPERTY MANAGEMENT OR EXCLUSIVE LEASING OR SELLING
						AGREEMENT.
I ACKNOWLEDGE THAT I HAVE RECEIVED THIS NOTICE:
____________
____________
(CONSUMER) (DATE)
I CERTIFY THAT I HAVE PROVIDED THIS NOTICE:
____________
____________
(LICENSEE) (DATE)
The provisions of this §
														35.338 issued 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 §
														35.284 (relating to disclosures of
							 business relationships); 49 Pa. Code §
														35.286 (relating to retention and
							 production of records); and 49 Pa. Code §
														35.331 (relating to written
							 agreements 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 › REAL ESTATE DOCUMENTS › Section 35.339 - Oral disclosure

Current through Register Vol. 54, No. 28, July 13, 2024
The disclosure shall be read verbatim:
"THE REAL ESTATE LAW REQUIRES THAT I PROVIDE YOU WITH A
						  WRITTEN CONSUMER NOTICE THAT DESCRIBES THE VARIOUS BUSINESS RELATIONSHIP
						  CHOICES THAT YOU MAY HAVE WITH A REAL ESTATE LICENSEE. SINCE WE ARE DISCUSSING
						  REAL ESTATE WITHOUT YOU HAVING THE BENEFIT OF THE CONSUMER NOTICE, I HAVE THE
						  DUTY TO ADVISE YOU THAT ANY INFORMATION YOU GIVE ME AT THIS TIME IS NOT
						  CONSIDERED TO BE CONFIDENTIAL, AND ANY INFORMATION YOU GIVE ME WILL NOT BE
						  CONSIDERED CONFIDENTIAL UNLESS AND UNTIL YOU AND I ENTER INTO A BUSINESS
						  RELATIONSHIP. AT OUR FIRST MEETING I WILL PROVIDE YOU WITH A WRITTEN CONSUMER
						  NOTICE WHICH EXPLAINS THOSE BUSINESS RELATIONSHIPS AND MY CORRESPONDING DUTIES
						  TO YOU."
The provisions of this §
														35.339 issued 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 §
														35.284 (relating to disclosures of
							 business relationships).
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 › REAL ESTATE DOCUMENTS › Section 35.340 - Comparative market analysis

Current through Register Vol. 54, No. 28, July 13, 2024
A comparative market analysis shall contain the
						  following statement printed conspicuously and without change on the first
						  page:
This analysis has not been performed in accordance with
						  the Uniform Standards of Professional Appraisal Practice which requires valuers
						  to act as unbiased, disinterested third parties with impartiality, objectivity
						  and independence and without accommodation of personal interest. It is not to
						  be construed as an appraisal and may not be used as such for any
						  purpose.
The provisions of this §
														35.340 issued 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 F - REAL ESTATE EDUCATION PROVIDERS › APPROVAL OF REAL ESTATE EDUCATION PROVIDERS › Section 35.341 - Approval of real estate education provider

Current through Register Vol. 54, No. 28, July 13, 2024
A real estate education provider shall obtain the
						  Commission's approval before commencing operations in this Commonwealth. To
						  obtain approval from the Commission, the real estate education provider
						  shall:
(1) Be owned by persons who
						possess good moral character or, if the owner is a corporation, have officers
						and directors who meet this requirement.
(2) Have a name that is acceptable to the
						Commission.
(3) Have a director of
						operations who meets the requirements of §
												35.342 (relating to approval of
						real estate educational director).
(4) Designate a person or entity to serve as
						custodian of records if the real estate education provider were to terminate
						operations.
(5) Post a surety bond
						of $10,000 to the Commonwealth for the protection of the contractual rights of
						the real estate education provider's students.
(6) Submit a completed real estate education
						provider approval application to the Commission with:
(i) A completed real estate education
						provider owner application with:
(A) A resume
						of the applicant's experience in owning, administrating or teaching in an
						accredited college as defined in §
														35.201 (relating to definitions)
						or as a real estate education provider.
(B) Two letters of reference from responsible
						persons relating to the applicant's integrity and to the applicant's previous
						experience, if any, in the administration of an educational program.
(C) Certified copies of court documents
						related to a conviction of, or plea of guilty or nolo contendere to, a felony
						or misdemeanor and the sentence imposed.
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 F - REAL ESTATE EDUCATION PROVIDERS › APPROVAL OF REAL ESTATE EDUCATION PROVIDERS › Section 35.342 - Approval of real estate educational director

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A real estate education provider shall
						obtain the Commission's approval of its director before commencing operations
						in this Commonwealth. The applicant for director shall have a combination of
						experience in teaching, supervision and educational administration which, in
						the opinion of the Commission, will enable the applicant to competently
						administer a real estate education program in areas that include, but are not
						limited to, the following: evaluation of instructor performance; evaluation of
						curriculum and specific course content; analysis of course examinations; and
						management of records and facilities.
(b) The Commission may provisionally approve
						an otherwise qualified applicant for director who lacks sufficient background
						in teaching, supervision or educational administration. A provisionally
						approved director shall obtain the requisite qualifications in the time and
						manner prescribed by the Commission.
(c) An approved real estate education
						provider shall obtain the Commission's approval before changing directors. The
						prospective director shall submit to the Commission the information required by
						§
												35.341(6)(ii)
						(relating to approval of real estate education provider).
(d) If the director dies, withdraws or is
						terminated, an approved real estate education provider will not lose its
						approved status, nor will it be required to terminate operations within the
						Commonwealth provided that:
(1) The real
						estate education provider shall submit the name of an interim director to the
						Commission within 15 days of the death, withdrawal or termination of the
						director.
(2) The interim director
						is authorized to operate for up to 90 days following the death, withdrawal or
						termination of the director. Thereafter, continued operation is contingent upon
						approval of a director under subsection (a) or (b).
(3) No changes may be made to the curriculum,
						testing or facilities until the new director is approved by the
						Commission.
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 F - REAL ESTATE EDUCATION PROVIDERS › APPROVAL OF REAL ESTATE EDUCATION PROVIDERS › Section 35.343 - Renewal of real estate education provider approval

Current through Register Vol. 54, No. 28, July 13, 2024
An approved real estate education provider shall renew
						  its approval annually. To obtain renewal of approval, a real estate education
						  provider shall submit a completed renewal of approval application to the
						  Commission with:
(1) A notarized
						certification of compliance with this chapter signed by the director.
(2) A copy of the $10,000 surety bond showing
						coverage for the upcoming renewal period.
(3) The fee for renewal of approval
						prescribed in § 35.203 (relating to fees).
The provisions of this §
														35.343 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 F - REAL ESTATE EDUCATION PROVIDERS › APPROVAL OF REAL ESTATE EDUCATION PROVIDERS › Section 35.344 - Withdrawal of real estate education provider or director approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
						may, following notice and hearing under
						2
						Pa.C.S. §§
													501-508 (relating to
						practice and procedure of Commonwealth agencies), withdraw the approval of a
						real estate education provider that it finds guilty of:
(1) Having acquired the Commission's approval
						by misrepresentation.
(2) Failing
						to maintain compliance with §
													35.341 (relating to approval of
						real estate education provider).
(3) Violating a requirement of §§
													35.351-35.363 (relating to administration
						of real estate education providers).
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.351 - Duty of director

Current through Register Vol. 54, No. 28, July 13, 2024
The director for a real estate education provider is
						  responsible for day-to-day administration, including evaluation of instructor
						  performance, evaluation of curriculum and specific course content, analysis of
						  course examinations, management of records and facilities and otherwise
						  assuring compliance with §§ 35.352-35.363.
The provisions of this §
														35.351 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
This section cited in 49 Pa. Code §
														35.344 (relating to withdrawal of
							 real estate education provider or director approval); and 49 Pa. Code §
														35.362 (relating to inspection of
							 school).
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.351a - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.352 - Location and facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A real
						estate education provider shall have a main location that contains its
						administrative offices, its records, and a telephone with a listed number for
						the real estate education provider's exclusive use.
(b) The location where classes are taught
						must:
(1) Be suitable for classroom
						space.
(2) Not share office space,
						instruction space or a common space with a real estate franchise, network or
						organization. This paragraph does not apply to a real estate trade association
						or to a contractual arrangement between a real estate licensee and a real
						estate education provider to provide continuing education courses.
(3) Be in conformance with applicable
						building, fire safety and sanitary requirements imposed by State, county and
						municipal governments.
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.353 - Selection of instructors

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Qualified instructors
. A real estate education provider shall
						employ instructors who are qualified to teach the courses for which the
						instructors have been hired. The real estate education provider may consider an
						individual qualified to teach a course if the individual satisfies one of the
						following criteria:
(1) Possesses an
						undergraduate, graduate or postgraduate degree in the subject matter of the
						course to be taught.
(2) Has 3
						years of practical or teaching experience in a profession, trade or occupation
						directly related to the subject matter of the course to be taught.
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.354 - Prohibited forms of advertising and solicitation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A real estate education provider may not:
(1) Hold itself out under a name other than
						the name approved for it by the Commission under §
													35.341 (relating to approval of
						real estate education provider).
(2) Hold itself out as being recommended or
						endorsed by the Commission, the Department of Education or other agency of the
						Commonwealth, except that the real estate education provider may advertise that
						it has been approved by the Commission to provide instruction in real estate
						courses and that credits earned in certain named courses will be accepted by
						the Commission toward fulfillment of the professional education prerequisite
						for taking the Pennsylvania real estate licensing examinations.
(3) Hold itself out to be an educational
						institution that conforms to the standards and requirements prescribed for
						accredited colleges as defined in §
													35.201 (relating to definitions)
						unless the real estate education provider meets those standards and
						requirements.
(4) Make a guarantee
						of employment, conditional or unconditional, to a student or prospective
						student.
(5) Guarantee that
						successful completion of its curriculum will result in the student's passing a
						real estate licensing examination.
(6) Promote the business of a real estate
						licensee or a real estate organization, franchise or network.
(7) Recruit students for employment or
						affiliation with a real estate licensee or a real estate organization,
						franchise or network.
(8) Solicit
						students for membership in a real estate organization, franchise or
						network.
(9) Permit an instructor
						or guest lecturer while on the real estate education provider's premises to
						wear any identification relating to the name of the real estate licensee or a
						real estate organization, franchise or network.
(10) Solicit enrollments by means of
						advertisements in the employment columns of newspapers and other
						publications.
(11) Engage in
						advertising that is false, misleading, deceptive or degrading to the dignity of
						the real estate profession.
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.355 - Prospectus materials

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A real
						estate education provider shall provide copies of catalogs, bulletins,
						pamphlets and other prospectus materials to the Commission upon request.
						Prospectus materials shall state the following in clear and unambiguous terms:
(1) Admission requirements.
(2) Curriculum, including a specification of
						courses that meet the Commission's requirements for prelicensure education or
						continuing education.
(3) Tuition
						and other fees, and the refund policy in the event of cancellation.
(4) Completion requirements.
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.356 - Tuition and other fees

Current through Register Vol. 54, No. 28, July 13, 2024
A real estate education provider shall charge tuition
						  that bears a reasonable relationship to the quality and quantity of
						  instructional services rendered. If additional fees are charged for books,
						  supplies and other materials needed for coursework, the real estate education
						  provider shall itemize the fees and the books, supplies and materials, upon
						  payment therefor, shall become the property of the student.
The provisions of this §
														35.356 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
This section cited in 49 Pa. Code §
														35.344 (relating to withdrawal of
							 real estate education provider or director approval); 49 Pa. Code §
														35.351 (relating to duty of
							 director); and 49 Pa. Code §
														35.362 (relating to inspection of
							 school).
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.357 - Student enrollment agreements

Current through Register Vol. 54, No. 28, July 13, 2024
A real estate education provider shall require each of
						  its students to enter into a student enrollment agreement. The agreement
						  must:
(1) Itemize the tuition and
						other fees and the services and materials to be received from them.
(2) State the real estate education
						provider's policy regarding the refund of tuition and fees if the student were
						to withdraw or be dismissed or if the school were to terminate operations
						before the end of the academic year.
(3) Contain the Bureau's toll-free telephone
						number, (800) 822-2113, that the student may call to obtain information about
						filing a complaint against the real estate education provider.
The provisions of this §
														35.357 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
This section cited in 49 Pa. Code §
														35.344 (relating to withdrawal of
							 real estate education or director approval); 49 Pa. Code §
														35.351 (relating to duty of
							 director); and 49 Pa. Code §
														35.362 (relating to inspection of
							 school).
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.358 - Administration of curriculum

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Real estate education providers shall observe the following standards in the
						administration of prelicensure and continuing education curriculum:
(1) Instructor-led learning may not exceed 7
						1/2 clock hours of instruction per day. For purposes of this section, a clock
						hour is defined as a 60-minute period comprising 50 minutes of instruction and
						a 10-minute break. A student may not be required to attend class for more than
						90 consecutive minutes without a break.
(2) The substantive content of the course, as
						evidenced by the course outline, text and other instructional materials, shall
						adequately reflect the stated purpose of the course, as evidenced by the course
						title and course description. Instruction in a Commission required course shall
						conform to the content or the outline developed by the Commission for the
						course.
(3) Unless the course is
						taught by means of distance education, a student shall be physically present
						during at least 80% of the classroom instruction for a prelicensure course and
						during at least 90% of the classroom instruction for a continuing education
						course, to receive credit. The real estate education provider shall be
						responsible for verifying student attendance.
(4) Courses delivered by distance education,
						in addition to meeting the content requirements in §
													35.384 (relating to qualifying
						courses), must have the delivery method approved by the Association of Real
						Estate License Law Officials or another certifying body with similar approval
						standards approved by the Commission.
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.359 - Course documentation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prelicensure.
Within 30 days after a course has been taught, a
						real estate education provider shall provide each student in the course with an
						official course transcript that contains the information in §
												35.360(a)(5) 
						(relating to records) and is signed by the director.
(b)
Continuing education.
Within 30 days after a continuing education course has ended, the continuing
						education provider shall provide each licensee who satisfactorily
						completed/taught the course transcripts/certificates of instruction that
						contain the information in §
												35.360(a)(5)(i)-(ix)
						signed by the provider or the director. The transcript/certificate of
						instruction must be in a format that cannot be altered.
(1) Licensees shall retain the
						transcripts/certificates of instruction for 2 years following the biennial
						renewal period during which the courses were taken to renew the
						license.
(2) Licensees shall
						provide a copy of the transcripts/certificates of instruction to the Commission
						verifying completion of the continuing education requirement upon
						request.
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.360 - Records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A real estate
						education provider shall maintain complete and accurate records in the
						following areas:
(1)
Financial
. The real estate education provider's assets and
						liabilities and the sources and amounts of its income.
(2)
Physical plant
. For the
						main location and for each satellite location, the following:
(i) Copies of documentation showing
						compliance with applicable building, fire safety and sanitary requirements
						imposed by state, county or municipal governments.
(ii) A copy of the lease or rental agreement,
						if the real estate education provider does not own the building being
						used.
(3)
Personnel
. The qualifications of each instructor and the
						documentary evidence of those qualifications. See §
													35.353 (relating to selection of
						instructors).
(4)
Curriculum
. For each course the real estate education provider
						has offered, the following:
(i) The course
						title.
(ii) The course
						prerequisites.
(iii) The course
						objectives.
(iv) The course
						outline.
(v) The requirements for
						successful completion of the course.
(vi) Copies of texts and other instructional
						materials used in teaching the course.
(vii) The supplies required of students for
						the course.
(viii) The course
						schedule.
(ix) Copies of published
						descriptions of the course.
(x) The
						course instructor.
(5)
Scholastic
. An academic transcript for each student which must
						contain the following:
(i) The real estate
						education provider's name and Commission approval number.
(ii) The location at which the course was
						taught.
(iii) The name of the
						student.
(iv) The course
						title.
(v) The date that the
						student completed the course.
(vi)
						The number of hours of the course.
(vii) The student's final grade in the
						course, if an examination is required for the course.
(viii) The date that the transcript was
						issued.
(ix) The fact that the
						course will be accepted by the Commission towards fulfillment of the education
						requirement for either the real estate broker's examination or real estate
						salesperson's examination, as the care may be.
(6)
Attendance
.
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.361 - Display of documents and approved name

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A real estate education provider's
						certificate of approval shall be displayed prominently at the real estate
						education provider's main location.
(b) A real estate education provider's
						approved name must be displayed prominently at each location where courses are
						taught.
(c) An alphabetical list of
						the real estate education provider's satellite locations shall be displayed
						prominently at the real estate education provider's main location.
The provisions of this §
														35.361 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
This section cited in 49 Pa. Code §
														35.344 (relating to withdrawal of
							 real estate education provider or director approval); 49 Pa. Code §
														35.351 (relating to duty of
							 director); 49 Pa. Code §
														35.362 (relating to inspection of
							 school); 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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.362 - Inspection of real estate education providers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Routine inspections
. No
						more than four times a year while classes are in session, the Commission or
						those authorized representatives may conduct a routine inspection of the main
						location or satellite location of a real estate education provider for the
						purpose of determining whether the real estate education provider is in
						compliance with §§
												35.351-35.363 (relating to administration
						of real estate education providers).
(b)
Special inspections
. In
						addition to the routine inspections authorized by subsection (a), the
						Commission or its authorized representatives may conduct a special inspection
						of a real estate education provider's main location or satellite location:
(1) Upon a complaint or reasonable belief
						that the real estate education provider is not in compliance with §§
						35.351-35.363.
(2) As a follow-up
						to a previous inspection that revealed the real estate education provider's
						noncompliance with §§ 35.351-35.363.
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 F - REAL ESTATE EDUCATION PROVIDERS › ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS › Section 35.363 - Termination of operations

Current through Register Vol. 54, No. 28, July 13, 2024
A real estate education provider that desires to
						  terminate operations shall submit to the Commission, within 60 days of the
						  planned termination, a termination plan that includes the following:
(1) The date of termination.
(2) The date that real estate education
						provider records will be transferred to the designated records
						custodian.
(3) The procedure for
						refunding tuition and allocating credits to currently enrolled
						students.
The provisions of this §
														35.363 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
This section cited in 49 Pa. Code §
														35.344 (relating to withdrawal of
							 school or director approval); 49 Pa. Code §
														35.351 (relating to duty of
							 director); and 49 Pa. Code §
														35.362 (relating to inspection of
							 school).
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 G - PROMOTIONAL LAND SALES › Section 35.371 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 broker, developer or subdivider referred to in this subchapter as "applicant,"
					 who proposes to engage in sales of a promotional nature in this Commonwealth of
					 property located outside of this Commonwealth shall submit to the Commission,
					 for its approval before doing so, full particulars regarding the property and
					 proposed terms of sale, and they and their salesmen shall comply with rules and
					 regulations, restrictions and conditions pertaining thereto as the Commission
					 may impose. Expenses reasonably incurred by the Commission in investigating and
					 inspecting the property and proposed sale thereof in this Commonwealth shall be
					 borne by the applicant. No broker, developer or salesman may refer to the
					 Commission or to an official or employe of the Commission in selling, offering
					 for sale or advertising, or otherwise promoting the sale, mortgage or lease of
					 the property, nor make representation that the property has been inspected or
					 approved or otherwise passed upon by the Commission, or by a State official,
					 department or employe.
(b) An
					 applicant approved to engage in sales set forth in this chapter shall notify
					 the Commission at least 10 days in advance of the date, time and place of
					 efforts to sell or advertise through parties or reception or other group
					 media.
The provisions of this §
													35.371 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 G - PROMOTIONAL LAND SALES › Section 35.372 - Nonresident requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 nonresident applicant shall also file an irrevocable consent that suits and
					 actions may be commenced against the applicant in the proper court of a county
					 of this Commonwealth in which a cause of action may arise, or in which
					 plaintiff may reside, by the service of a process or pleadings authorized by
					 the laws of the Commonwealth on the Commission in Harrisburg, Pennsylvania. The
					 consent shall stipulate and agree that the service of process or pleadings on
					 the Commission shall be taken and held in all courts to be as valid and binding
					 as if service had been made upon the applicant personally within this
					 Commonwealth.
(b) If process or
					 pleadings are served upon the Commission, they shall be by duplicate copy, one
					 of which shall be filed in the office of the Commission and the other
					 immediately forwarded by certified mail to the main office of the applicant
					 against which the process or pleadings are directed.
The provisions of this §
													35.372 issued under the Real
						  Estate Licensing and Registration Act (63 P. S. §§
														455.101-455.902).
This section cited in 49 Pa. Code §
													35.375 (relating to affidavit of
						  consent to service of jurisdiction).
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 G - PROMOTIONAL LAND SALES › Section 35.373 - Offering statements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commission also requires the applicant to prepare and deliver at its own
					 expense, to each prospective purchaser in this Commonwealth an offering
					 statement which shall be revised annually. The offering statement shall be
					 approved by the Commission and shall contain a detailed description, price and
					 terms of the offer as well as financial information disclosing assets and
					 liabilities of the applicant. The offering statement shall also inform
					 prospective purchasers of the following:
(1)
					 Tax liabilities.
(2) Basis for
					 guarantees.
(3) Public
					 transportation facilities.
(4)
					 Terrain details.
(5)
					 Climate.
(6) Proposed and existing
					 improvements.
(7) Roads.
(8) Water supply.
(9) Public utilities.
(10) An objectionable condition of air, sight
					 or terrain.
(11) Sewage disposal
					 facilities.
(12) Recreational and
					 community facilities.
(13) The
					 distances to a nearby populated area.
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 G - PROMOTIONAL LAND SALES › Section 35.374 - Review and approval of documents

Current through Register Vol. 54, No. 28, July 13, 2024
The following information and documents shall be
						furnished annually to the Commission in report form for its review and
						approval:
(1) Name of owner, including
					 the following:
(i) Names and addresses of the
					 owners or partners.
(ii) Lists of
					 the officers and holders of 10% or more of total subscribed or issued stock of
					 the corporation.
(iii) Copy of most
					 recent certified audit of records including financial statements.