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NEW QUESTION # 48
Which entities are authorized to investigate charges against real estate licensees concerning illegal discrimination in the sale or rental of housing?
Answer: D
Explanation:
Both thePennsylvania Real Estate Commission (PREC)and thePennsylvania Human Relations Commission (PHRC)haveauthority to investigate illegal discriminationin real estate transactions.
* The Pennsylvania Human Relations Commission (PHRC)is responsible for enforcingthe Pennsylvania Human Relations Act (PHRA), which prohibits discrimination in housing based on race, color, religion, ancestry, age, sex, national origin, disability, and familial status.
* The Pennsylvania Real Estate Commission (PREC)investigates complaints againstlicensed real estate professionalswho violate fair housing laws, including violations of theReal Estate Licensing and Registration Act (RELRA).
Why the other answers are incorrect:
* Option A (Pennsylvania State Legislature and PREC):The Legislaturemakes lawsbutdoes not enforcethem or conduct investigations.
* Option B (PREC and Better Business Bureau):TheBetter Business Bureau (BBB) is a private organizationand doesnot have legal enforcement authority.
* Option C (PHRC and Legislature):The Legislature doesnot investigate complaints, but the PHRC does.
NEW QUESTION # 49
A salesperson who operates as an independent contractor for a broker is seldom in the office. Earnest money deposits received by this salesperson:
Answer: D
Explanation:
Under49 Pa. Code § 35.324 (Handling of Deposits and Escrow Money), all earnest money deposits must be promptly transmitted to the employing broker for deposit into an escrow account.
* A salesperson cannot hold earnest money or maintain an escrow account on their own.
* Brokers are responsible for ensuring that all escrow funds are properly handled and protected from commingling.
Why the other answers are incorrect:
* Option A (Salesperson Holding Escrow Funds):Salespersons are prohibited from maintaining independent escrow accounts.
* Option C (Holding Funds for 3 Days):Earnest money must be turned over to the broker as soon as possible; salespersons cannot hold it for any period.
* Option D (Returning to Buyer for Transmission):Earnest money must go directly to the broker, not back to the buyer.
NEW QUESTION # 50
According to the Real Estate Commission, which of the following is REQUIRED to hold a real estate license in Pennsylvania?
Answer: A
Explanation:
In Pennsylvania,any person engaging in brokerage activities (such as negotiating sales or leases for compensation) must hold a real estate licenseunless specifically exempted.
* 49 Pa. Code § 35.201 (Definitions) & 63 P.S. § 455.304 (Exemptions)allow attorneys to practice real estate without a license ONLY IF the services are incidental to their legal practice.
* If an attorney advertises as a real estate broker or regularly engages in real estate transactions beyond legal services, they must obtain a real estate license.
Why the other answers are incorrect:
* Option B (Home Builder Selling New Houses):Buildersare exemptwhen selling their ownnewly constructed homes.
* Option C (Banks Selling Foreclosures):Banks areexemptunder63 P.S. § 455.304 (a)(5)since they are not in the business of selling real estate for profit.
* Option D (Selling Five Unimproved Lots):Individuals selling their own propertydo not need a license
, even for multiple lots.
NEW QUESTION # 51
A salesperson secures a listing priced at $110,000. A prospective buyer asks the salesperson to write a
$65,000 offer for the property. The salesperson should:
Answer: D
Explanation:
Under49 Pa. Code § 35.292 (Duties of Licensees Generally),a real estate licensee is required to present all written offers to the seller, regardless of the amount.
* It is the seller's right to accept, reject, or counter an offer, not the salesperson's decision.
* A salesperson cannot refuse to submit an offer based on personal opinions about the price.
* Presenting all offers ensures fair dealings and upholds fiduciary duty to the seller.
Why the other answers are incorrect:
* Option B (Not Waste the Seller's Time):It is the seller's decision to accept or reject an offer, not the salesperson's.
* Option C (Advise Buyer to Offer More):A licensee must remain neutral and cannot pressure a buyer to increase their offer.
* Option D (Suggest Buyer Use Another Agent):There is no reason to transfer the buyer to another agent. The agent must present the offer.
NEW QUESTION # 52
What MUST a licensee do before she can advertise, show, or offer a property?
Answer: D
Explanation:
Before advertising, showing, or offering any property, areal estate licensee must obtain written authorization from the property owner. This is a legal requirement to ensure that the licensee has the right to represent the property.
* 49 Pa. Code § 35.331 (Written Agreements Generally)states that a real estate licenseemusthave a written agreement with the property ownerbefore performing any real estate services, including advertising and showing the property.
* 49 Pa. Code § 35.332 (Exclusive Listing Agreements)further clarifies that exclusive agreementsmust be in writingand signed by both the owner and broker.
* Without the owner's written consent, a licensee could be subject to penalties or disciplinary action from the Pennsylvania Real Estate Commission.
Why the other answers are incorrect:
* Option A (Preliminary Appraisal):Licensees are not required to conduct appraisals unless they are certified appraisers.
* Option C (List of Clients):There is no requirement to provide a history of past transactions before listing or advertising a property.
* Option D (Comparative Market Analysis - CMA):A CMA is useful for pricing but isnot required before advertising or showing a property.
NEW QUESTION # 53
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