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Pennsylvania Real Estate Commission PA Salesperson State Exam Sample Questions (Q41-Q46):

NEW QUESTION # 41
What is the status of a person's real estate license after a claim has been paid from the Real Estate Recovery Fund to settle a claim against that licensee?

A. Inactive
B. Active
C. Reinstated
D. Suspended

Answer: D

Explanation:
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.

NEW QUESTION # 42
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. Within 5 days
B. Within 60 days
C. Within 30 days
D. Immediately upon completion of the landlord's final inspection of the premises

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 # 43
What is the MINIMUM number of hours of continuing education which a real estate licensee MUST complete within the license renewal period?

A. 0
B. 1
C. 2
D. 3

Answer: D

Explanation:
Under49 Pa. Code § 35.382 (Continuing Education Requirements),a Pennsylvania real estate licensee must complete at least 14 hours of continuing education (CE) during each two-year renewal cycle.
* These courses must be taken through an approved real estate education provider.
* Certain renewal periods may have specific course requirements mandated by the Commission.
Why the other answers are incorrect:
* Option A (10 Hours):Too low; Pennsylvania law requires 14 hours.
* Option B (12 Hours):Falls short of the required minimum.
* Option D (16 Hours):Exceeds the required minimum.
Reference:
49 Pa. Code § 35.382- Continuing Education Requirements

NEW QUESTION # 44
A "For Sale by Owner" property owner has offered a flat fee to any licensee who procures a buyer. The owner's terms specify that 50% of the fee is payable upon contract acceptance, with the other 50% payable upon transfer of title. A CORRECT statement about this arrangement is that it is:

A. acceptable if the fee is paid to the employing broker.
B. in violation of license law since all compensation must be paid at closing.
C. acceptable if the fee does not exceed the prevailing commission rate.
D. in violation of license law since compensation for real estate sales can come only from listed properties.

Answer: A

Explanation:
Under49 Pa. Code § 35.283 (Compensation and Commission),a salesperson can only receive payment through their employing broker. This means thatif the flat fee is paid to the broker (not directly to the salesperson), then the arrangement is legal.
* Commission does not have to be paid at closing; payment terms can be negotiated, including split payments.
* For Sale by Owner (FSBO) properties are not required to be listed with a brokerage, so compensation can still be earned if a licensee brings a buyer.
Why the other answers are incorrect:
* Option B (Commission Rate Limitations):There areno "prevailing" commission ratessince commissions are always negotiable.
* Option C (Compensation Must Be at Closing):Commission can bestructured differently(e.g., partial upfront payment).
* Option D (Only Listed Properties Qualify for Commission):Agents can earn commission on FSBOsas long as the broker is involved.

NEW QUESTION # 45
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. Transfer the matter to civil authorities in the county in which the alleged activity occurred.
B. Ascertain the facts and, if warranted, hold a hearing.
C. Suspend the licensee's license for a period not to exceed 6 months.
D. Serve the licensee with a cease and desist order.

Answer: B

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 # 46
......

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Mark Lewis Mark Lewis

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