Pass the Real Estate Pennsylvania Real Estate Commission RePA_Sales_S Questions and answers with ValidTests

Under49 Pa. Code § 35.201 (Definitions), an unlicensed individual who is directly employed by a property owner can perform certain tasks, such as providing rental information and enforcing building rules, but they cannot engage in leasing or negotiation activities.

Providing information on rental amounts and building rules is considered administrative and does not require a real estate license.

However, negotiating leases, collecting rents on behalf of third parties, or holding security deposits in a non-owner-controlled account would require a real estate license.

Why the other answers are incorrect:

Option B (Entering into Leases):Only a licensed real estate broker or a supervised salesperson can legally execute lease agreements on behalf of a landlord.

Option C (Negotiating Terms):Negotiating lease terms is an activity that requires a real estate license.

Option D (Holding Tenant Funds Independently):Handling tenant funds outside of the owner's direct control is a brokerage activity and requires a real estate license.

Under63 P.S. § 455.803 (Real Estate Recovery Fund), if the Pennsylvania Real Estate Commissionpays out money from the Real Estate Recovery Fund due to a licensee’s misconduct, the license is automatically suspended.

A suspended license means the person cannot legally practice real estate until they reimburse the Recovery Fund for the full amount paid, plus interest.

This is a consumer protection measure to ensure that licensees who cause financial harm cannot continue practicing until restitution is made.

Once repayment is made, the licensee must apply for reinstatement, which is not automatic and may require a hearing.

Why the other answers are incorrect:

Option A (Active):The license does not remain active after a payout from the fund.

Option B (Inactive):"Inactive" means the licensee voluntarily stopped practicing, which is not the case here.

Option C (Reinstated):Reinstatement does not occur automatically; the licensee must repay the fund and petition for reinstatement.

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 onrace, 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.

Under68 Pa. C.S. §§ 7301-7314 (Real Estate Seller Disclosure Law),a licensee has a duty to ensure that the property condition disclosure statement is complete and accurate as provided by the seller.

While the licensee does not conduct a formal property inspection, they must not ignore material defects that are apparent or known to them.

If a licensee knows of an issue that contradicts the seller's disclosure, they must disclose this to the buyer to prevent misrepresentation.

This protects consumers from fraudulent or misleading property conditions.

Why the other answers are incorrect:

Option A (Independent Inspection):A licensee is not a home inspectorand is not required to perform a physical inspection.

Option C (Accept Consumer Liability):A licenseeis not responsible for actions taken by a buyer or seller.

Option D (Document Preparation Assistance):A licenseecan help explain documents but cannot prepare legal contracts without an attorney.

UnderThe Federal Fair Housing Act (42 U.S.C. § 3604) and the Pennsylvania Human Relations Act (PHRA), it is illegal to discriminate against renters or buyers based onfamily status, which includes children. However,age-restricted housing is allowed under certain conditions.

Housing communities designated as "55 and older" or "62 and older" are legally permitted under the Housing for Older Persons Act (HOPA), provided they meet federal guidelines.

Option C (Creek Village - an Age-Restricted Community) is lawful because it indicates compliance with HOPA, meaning at least 80% of residents are over 55.

Why the other answers are incorrect:

Option A (Children 12 and Older Only):Discriminating against families with young children violates theFair Housing Act (FHA).

Option B (Adults Only Building):Landlords cannot prohibit families with children from renting.

Option D (All Couples Apartment Building):This discriminates againstsingle renters and violates fair housing laws.