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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q17-Q22):
NEW QUESTION # 17
According to the Pennsylvania Landlord-Tenant Act, a tenant must be notified of the final disposition of their security deposit within what time period following the end of the lease?
- A. Immediately upon completion of the landlord's final inspection of the premises
- B. Within 5 days
- C. Within 30 days
- D. Within 60 days
Answer: C
Explanation:
UnderThe Pennsylvania Landlord and Tenant Act of 1951 (68 P.S. § 250.512), a landlord mustreturn the tenant's security deposit or provide a written explanation of any deductions within 30 days of lease termination.
* If the landlord withholds any portion of the deposit, they must provide an itemized list of damages and the amount deducted.
* If the landlord fails to return the deposit or provide an itemized list within 30 days, they forfeit their right to keep any portion of the deposit and may be subject to legal penalties.
* The tenant must provide a forwarding address to receive the deposit or notice.
Why the other answers are incorrect:
* Option A (5 Days):There is no 5-day requirement in Pennsylvania law.
* Option C (60 Days):The landlord is required to act within30 days, not 60 days.
* Option D (Immediately upon inspection):While an inspection may occur, thelaw grants the landlord up to 30 days to finalize deductions and return funds.
NEW QUESTION # 18
Can a licensed real estate broker prepare an appraisal for a new loan on property that the broker has listed for sale?
- A. Yes, if the appraisal is identified as a comparative market analysis.
- B. No, real property appraisals are not within the scope of practice for a real estate broker.
- C. Yes, if the appraisal is done before an offer to purchase is accepted by the seller.
- D. Yes, with proper disclosure to the lender about the broker's qualifications.
Answer: B
Explanation:
UnderThe Pennsylvania Real Estate Appraisers Certification Act (63 P.S. § 457.1-457.19),only a state- certified or licensed appraiser can perform real estate appraisals for loan purposes.
* Real estate brokers and salespersons can perform Comparative Market Analyses (CMAs) but cannot legally perform an appraisal for a lender.
* This restriction ensures that appraisals used for lending purposes meet state and federal standards.
Why the other answers are incorrect:
* Option A (CMAs as Appraisals):CMAs arenotappraisals.
* Option B (Before Offer Accepted):Thetiming of the appraisal does not change licensing requirements.
* Option C (Disclosure to Lender):Even with disclosure,brokers are not permitted to conduct appraisals for loans.
NEW QUESTION # 19
When representing a seller, which of the following is a TRUE statement regarding the duties a licensee owes to the principal?
- A. A licensee's obligation of confidentiality ends at the conclusion of the listing contract.
- B. A licensee is required to keep confidential the price the seller would accept if lower than the list price.
- C. A licensee is obligated to disclose to a consumer the minimum commission split between the licensee and the broker.
- D. A licensee is not obligated to disclose the existence of another offer during negotiations on a purchase contract.
Answer: B
Explanation:
Alicensee has a fiduciary duty to keep the seller's pricing strategy confidential.
* 49 Pa. Code § 35.292 (Duties of Licensees Generally)states thata licensee must maintain confidentiality of information that could harm their client's negotiating position, including the minimum price the seller would accept.
* Confidentiality extends beyond the duration of the listing agreementunless the seller gives explicit permission to disclose information.
Why the other answers are incorrect:
* Option A (Confidentiality Ends After Listing):Confidentiality continueseven after the contract ends
.
* Option B (Not Disclosing Another Offer):In multiple-offer situations, disclosure may be required based on seller instructions.
* Option D (Commission Disclosure):The broker's commission arrangement isnot requiredto be disclosed to the public.
NEW QUESTION # 20
An owner sells a house through a salesperson who works as an independent contractor for a broker. Before the closing, the owner fires the broker. However, the owner agrees to pay the salesperson a $1,000 fee for services. Which of the following is TRUE?
- A. The salesperson cannot legally accept the $1,000.
- B. The owner can cancel any part of the sales contract at any time.
- C. The salesperson may legally accept the $1,000.
- D. The salesperson may only accept the $1,000 with the broker's consent.
Answer: A
Explanation:
According to49 Pa. Code § 35.283(Compensation and Commission), asalesperson may not accept compensation from anyone other than their employing broker.
* A salesperson cannot accept direct payments from an owner or buyer (Option A - Correct).
* The owner cannot cancel the sales contract unilaterally (Option B - Incorrect).
* The salesperson may only be compensated through the broker, even if the owner agrees to direct payment (Option C & D - Incorrect).
NEW QUESTION # 21
According to the Pennsylvania Real Estate Commission, which one of the following actions by a licensee is prohibited conduct?
- A. Failure to engage legal counsel to respond to a Commission request for information stemming from a complaint about the licensee
- B. Negotiating a commission that seriously undercuts those of other brokerage firms
- C. Taking a listing that has a duration of only 2 months
- D. Failure to disclose the licensee's use of a third party to acquire property listed by the licensee's office
Answer: D
Explanation:
A real estate licensee in Pennsylvania isprohibited from failing to disclose any personal interestin a transaction. This includesusing a third party to purchase property listed by the licensee's own office.
* 49 Pa. Code § 35.283 (Disclosure of Interest)requires that alicensee must disclose any financial interest they have in a transaction.
* If a licensee arranges for a third party (such as a relative or business associate) to purchase a property without disclosure, this is considered a serious ethical violation.
Why the other answers are incorrect:
* Option A (Short Listing Duration):Listingsdo not have a minimum required time period, so a2- month duration is permissible.
* Option B (Undercutting Commission):Commission feesare negotiable, and the Real Estate Commission does not set a minimum fee.
* Option D (Legal Counsel Not Required):Licenseesare not required to hire legal counselto respond to Commission complaints, but they must respond honestly and fully.
NEW QUESTION # 22
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