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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q38-Q43):

NEW QUESTION # 38
The Pennsylvania Real Estate Commission has received a written complaint that a licensee is engaging in an activity prohibited by the Real Estate Licensing and Registration Act. What action is the Commission empowered to take?

A. Ascertain the facts and, if warranted, hold a hearing.
B. Serve the licensee with a cease and desist order.
C. Transfer the matter to civil authorities in the county in which the alleged activity occurred.
D. Suspend the licensee's license for a period not to exceed 6 months.

Answer: A

Explanation:
ThePennsylvania Real Estate Commission (PREC)has the power toinvestigate complaints, hold hearings, and impose disciplinary actionsunder63 P.S. § 455.404 (Powers of the Commission).
* The Commission will first investigate the complaint to determine if the allegations are valid.
* If warranted, the Commission will hold a formal hearing to decide on appropriate disciplinary action.
* Possible penalties include fines, suspension, or revocation of the license.
Why the other answers are incorrect:
* Option A (Automatic 6-Month Suspension):The Commission does not impose automatic suspensions; each case is reviewed individually.
* Option C (Cease and Desist Order):This is typically used forunlicensed real estate activities, not licensed misconduct.
* Option D (Transfer to Civil Authorities):While some cases (e.g., fraud) may be referred to law enforcement, theCommission itself first investigates.

NEW QUESTION # 39
When a tenant who has a service or support animal applies to lease an apartment in a building that does not allow pets, which of the following rules may the landlord follow?

A. The landlord may disallow the animal if it is not federally registered as a support or service animal.
B. Both state and federal laws require the landlord to allow any service or support animal.
C. The landlord must allow the service or support animal but may charge an additional deposit.
D. The landlord may disallow the animal if there are no other animals permitted in the building.

Answer: B

Explanation:
UnderThe Fair Housing Act (42 U.S.C. § 3604)andThe Americans with Disabilities Act (ADA) (42 U.S.
C: § 12101),both service and emotional support animals must be allowed in rental properties, even in
"no pets" buildings.
* Service animals (such as guide dogs) and emotional support animals (ESA) are not considered
"pets" under federal and state law, so landlords cannot prohibit them.
* A landlord cannot charge an additional deposit or pet fee for service/support animals.
* The tenant must provide documentation from a licensed medical provider if the disability is not obvious, but there is no requirement for a formal "federal registration" of service animals.
Why the other answers are incorrect:
* Option B (Charge Additional Deposit):This is illegal under Fair Housing lawsbecause service animals are not "pets".
* Option C (No Pets Rule):A no-pets policydoes not applyto service animals.
* Option D (Federally Registered Service Animal):There is no federal registryfor service animals, so this is not a valid requirement.

NEW QUESTION # 40
In order to work as a property manager for compensation, an individual must:

A. Pass a separate examination in principles of property management.
B. Complete at least one course in property management every two years.
C. Complete a certification for property management.
D. Hold a real estate license and, if not a broker, be supervised by a broker.

Answer: D

Explanation:
Under49 Pa. Code § 35.201 (Definitions), property management activities that include leasing, collecting rent, and negotiating lease terms require a real estate license unless the individual is directly employed by the property owner.
* If a property manager is conducting leasing or rental activities for multiple property owners, they must be licensed and supervised by a broker.
* The law ensures that individuals managing properties for others operate under proper ethical and legal guidelines.
Why the other answers are incorrect:
* Option A (Certification for Property Management):No separate property management certification is required under Pennsylvania law.
* Option B (Separate Exam for Property Management):A separate exam for property management is not required.
* Option C (Ongoing Property Management Courses):Continuing education is required for license renewal, but specific property management courses are not mandatory.

NEW QUESTION # 41
An exclusive listing MUST be in writing and it MUST:

A. specify the duration of the listing
B. be signed by the cooperating broker
C. contain provisions regarding acceptable financing arrangements
D. contain a provision allowing the owner to cancel all exclusive features within 24 hours' notice

Answer: A

Explanation:
Allexclusive listing agreements in Pennsylvania MUST specify their duration in writing.
* 49 Pa. Code § 35.332 (Exclusive Listing Agreements)states thatall exclusive listings must have a definite start and end date.
* Listings without an expiration date are considered illegaland unenforceable in Pennsylvania.
Why the other answers are incorrect:
* Option A (Cancellation in 24 Hours):There is no legal requirement for a 24-hour cancellation clause.
* Option B (Financing Arrangements):Financing provisionsare not a required part of a listing agreement.
* Option C (Signed by Cooperating Broker):A cooperating broker's signatureis not required. Only the listing broker and seller need to sign the agreement.

NEW QUESTION # 42
A listing agreement must contain all of the following EXCEPT:

A. A description of the services to be provided.
B. The broker's license number.
C. The broker's compensation.
D. The duration of the listing.

Answer: B

Explanation:
Under49 Pa. Code § 35.332 (Exclusive Listing Agreements), all listing agreements must specify the services provided, the duration of the agreement, and the compensation of the broker. However, there is no requirement to include the broker's license number.
* A listing agreement must clearly state the terms under which the broker will perform services and how they will be compensated.
* The duration of the agreement must also be specified to prevent misunderstandings.
Why the other answers are incorrect:
* Option A (Description of Services):This is a required component of the listing agreement.
* Option B (Duration of Listing):A listing agreement must have a start and end date.
* Option D (Broker's Compensation):Compensation must be clearly stated in the listing agreement.

NEW QUESTION # 43
......

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