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NEW QUESTION # 28
Licensing law in the Commonwealth of Pennsylvania requires that a real estate salesperson be supervised by a licensed real estate broker or a broker-assigned:
Answer: A
Explanation:
Under49 Pa. Code § 35.241 (Supervision and Operation of Offices),a licensed real estate salesperson must be supervised by a broker or an associate broker designated by the broker.
* A broker may assign an associate broker (who has passed the broker exam but does not own the brokerage) to oversee salespersons.
* Salespersons cannot work independently; they must work under the direction of a licensed broker or an assigned associate broker.
Why the other answers are incorrect:
* Option A (Team Leader):A team leader is not a formal supervisory position under Pennsylvania law unless they are an associate broker or broker.
* Option B (Salesperson):A salesperson cannot supervise other salespersons.
* Option D (Transaction Coordinator):A transaction coordinator handles paperwork but does not supervise licensees.
NEW QUESTION # 29
When representing a seller, which of the following is a TRUE statement regarding the duties a licensee owes to the principal?
Answer: A
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 # 30
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?
Answer: B
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 # 31
What MAXIMUM length of time may a salesperson's real estate license be inactive before reactivation ceases to be possible without retaking and passing the licensing examination?
Answer: D
Explanation:
If a real estate license is inactive formore than 5 years, the licenseemust retake and pass the licensing exam to reinstate their license.
* 49 Pa. Code § 35.251 (Relicensure Following Revocation or Inactive Status)states that alicensee who has been inactive for over 5 years must complete all initial licensing requirements again, including the exam.
* A licensee can keep their license in inactive status indefinitely, but after 5 years, it requires reexamination.
Why the other answers are incorrect:
* Option A (2 Years) & Option B (3 Years):Licenseesmay reactivate their license within this period without retaking the exam.
* Option C (4 Years):Thelimit is 5 years, not 4.
NEW QUESTION # 32
According to the Pennsylvania Real Estate Commission, which one of the following actions by a licensee is prohibited conduct?
Answer: C
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 # 33
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