Pennsylvania Real Estate Salesperson Licensing Examination

The 90-day waiting period delaying State Real Estate Commission action applies only to initial complaints; second or subsequent complaints may be brought by the individual or the Pennsylvania Human Relations Commission directly to the State Real Estate Commission.

A dual agent acts as agent for both buyer/tenant and seller/landlord in the same transaction (permitted only with both parties' written consent) and must take no action adverse or detrimental to either party, while a transaction licensee is not an agent and owes only limited confidentiality — it may not disclose that the buyer/tenant will pay more than the price in a written offer, though it must still disclose known material defects.

Designated agents act exclusively for their respective principals, but when the broker supervises all licensees the broker automatically serves as a dual agent, and the designated agent must disclose to the principal, prior to writing or presenting an offer, that the other party is represented by a licensee employed by the same broker and that the broker is a dual agent.

The buyer's agent additionally must make a continuous and good faith effort to find a property for the buyer/tenant (except when the buyer/tenant is subject to an existing contract for sale/lease), whereas a dual agent's added duty is to take no action adverse or detrimental to either party's interest.

Compensation does not determine agency: a buyer's agent represents the buyer/tenant's interests even if paid by the seller/landlord, and a buyer's agent or transaction licensee compensated by the seller's agent does not owe the seller the same duties as the seller's agent.

Broker activity includes, for another and for a fee, performing a comparative market analysis or representing oneself as a real estate consultant, counsellor or house finder; a salesperson is an individual employed by a broker who performs enumerated acts such as collecting (or offering/attempting to collect) rent for the use of real estate.

A rental listing referral agent may not supervise more than one office, unlike brokers who may supervise multiple offices through associate brokers.

All fines and civil penalties imposed under Sections 305 and 604 are paid into the Professional Licensure Augmentation Account, not into the Real Estate Recovery Fund, which instead reimburses persons holding uncollectible final civil judgments against a licensee for fraud, misrepresentation, or deceit.

A salesperson applicant must be at least 18 before the exam and (if no hours were completed before the subparagraph's effective date) complete 75 hours of instruction within five years of taking the exam; a standard broker applicant must have been a licensed salesperson at least 3 years (or equivalent education/experience) and have passed each part of the broker exam within 3 years before submitting a completed application.

A revoked licensee must wait at least 5 years from the date revocation begins, then petition the Commission (relicensure is discretionary and all qualifications, including examination, must be met); a person inactive five years without renewing must pass the pertinent examination before reissuance, while a licensee who fails to renew a reciprocal license may reactivate without reexamination if holding the equivalent of a current standard license in the state of the principal place of business.

With the written permission of both buyer and seller the broker may hold the check but must deposit it into escrow within 1 business day of the seller's/lessor's acceptance, whereas for money expected to be held more than six months the broker is only encouraged (not required) to use an interest-bearing account and may not claim the interest unless the broker is a lessor under the Landlord and Tenant Act.

A sole proprietor broker or broker of record may give an employee written authority to deposit money into the escrow account, but only a licensed employee may be given written authority to withdraw funds for payments properly chargeable to the account.

Having been disciplined under another jurisdiction's real estate licensing law is a prohibited act for which the Commission may discipline but may not levy a fine solely on that basis, while failing within a reasonable time as defined by the Commission to provide information requested as a result of a formal or informal complaint is a prohibited act that can result in suspension, revocation, or fines.

Delivery may be by personal delivery, first class mail, certified mail return receipt requested, or facsimile to the buyer or buyer's agent; electronic mail is not a listed acceptable method.