RePA_Sales_S 시험 - Pennsylvania Real Estate Commission실제시험문제와 답 - 52문항

Question No : 1

If known, the listing broker MUST disclose which of the following to a prospective buyer?

A.That the seller's mortgage is assumable
B.That the seller has accepted a position in another state
C.That the seller has filed for divorce
D.That the seller's water system is contaminated

정답:
Explanation:
A licensee must disclose all material defects related to the property, including known issues like a contaminated water system.
Under 68 P.S. §§ 7303-7304 (Real Estate Seller Disclosure Law), the seller and broker must disclose all material defects affecting the property’s value or safety.
A contaminated water system is considered a health and safety issue and must be disclosed to the buyer.
Why the other answers are incorrect:
Option A (Assumable Mortgage): This is a financial issue, not a material defect.
Option B (Seller’s New Job): The seller’s personal situation does not affect the property’s condition.
Option C (Divorce): Divorce is private information and does not need to be disclosed.
Reference: Real Estate Seller Disclosure Law (68 P.S. §§ 7303-7304)

Question No : 2

If a client requests to list their home for much more than the comparable market analysis (CMA) recommends, what is the duty of the salesperson?

A.Require the seller to receive an appraisal before listing the property
B.Refuse the listing because accepting the listing would violate the Pennsylvania Real Estate Licensing and Registration Act
C.Advise the client as to the reason it is in their best interest to list the property closer to the comparable market value
D.Provide the client financial advice as to how they can invest their assets to earn the amount they would like to receive

정답:
Explanation:
A real estate licensee has a fiduciary duty to provide honest, professional advice to their clients, including pricing strategies based on comparative market analysis (CMA).
Under 49 Pa. Code § 35.292 (Duties of Licensees Generally), a licensee must act in the best interest of the client, which includes providing realistic pricing guidance.
If a seller insists on listing at an inflated price, the agent should educate them on the risks, such as longer market time and reduced buyer interest.
While the agent cannot force a seller to list at a lower price, they must ensure that the client makes an informed decision.
Why the other answers are incorrect:
Option A (Require an Appraisal): CMAs are typically sufficient for pricing; an appraisal is only required in specific cases (e.g., lender requirements).
Option B (Refuse the Listing): Overpricing is not illegal, so there is no licensing violation in accepting the listing.
Option D (Providing Investment Advice): Real estate licensees are not financial advisors and should not offer investment strategies.
Reference: 49 Pa. Code § 35.292 C Duties of Licensees Generally

Question No : 3

Which of the following phrases in a rental ad may be permissible?

A.Children 12 and Older Only
B.Adults Only Building
C.Creek Village ― an Age-Restricted Community
D.All Couples Apartment Building

정답:
Explanation:
Under The 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 on family 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 the Fair Housing Act (FHA).
Option B (Adults Only Building): Landlords cannot prohibit families with children from renting.
Option D (All Couples Apartment Building): This discriminates against single renters and violates fair housing laws.
Reference: The Fair Housing Act (42 U.S.C. § 3604)
Housing for Older Persons Act (HOPA) (42 U.S.C. § 3607(b))
Pennsylvania Human Relations Act (PHRA)

Question No : 4

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.Active
B.Inactive
C.Reinstated
D.Suspended

정답:
Explanation:
Under 63 P.S. § 455.803 (Real Estate Recovery Fund), if the Pennsylvania Real Estate Commission pays 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.
Reference: 63 P.S. § 455.803 C Real Estate Recovery Fund Suspension Rules

Question No : 5

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 30 days
C.Within 60 days
D.Immediately upon completion of the landlord's final inspection of the premises

정답:
Explanation:
Under The Pennsylvania Landlord and Tenant Act of 1951 (68 P.S. § 250.512), a landlord must return 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 within 30 days, not 60 days.
Option D (Immediately upon inspection): While an inspection may occur, the law grants the landlord up to 30 days to finalize deductions and return funds.
Reference: The Pennsylvania Landlord and Tenant Act of 1951 (68 P.S. § 250.512)

Question No : 6

When representing a seller, which of the following is a TRUE statement regarding the duties a licensee owes to the principal?

A.A licensee's obligation of confidentiality ends at the conclusion of the listing contract.
B.A licensee is not obligated to disclose the existence of another offer during negotiations on a purchase contract.
C.A licensee is required to keep confidential the price the seller would accept if lower than the list price.
D.A licensee is obligated to disclose to a consumer the minimum commission split between the licensee and the broker.

정답:
Explanation:
A licensee has a fiduciary duty to keep the seller’s pricing strategy confidential.
49 Pa. Code § 35.292 (Duties of Licensees Generally) states that a 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 agreement unless the seller gives explicit permission to disclose information.
Why the other answers are incorrect:
Option A (Confidentiality Ends After Listing): Confidentiality continues even 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 is not required to be disclosed to the public.
Reference: 49 Pa. Code § 35.292 C Duties of Licensees Generally

Question No : 7

A salesperson owns a residence and wishes to sell it without listing it. Under Pennsylvania license law, the salesperson MUST:

A.list the property with their firm
B.disclose in all advertising that the owner of the property is a real estate licensee
C.offer a sales commission or fee to cooperating brokers
D.have an active license

정답:
Explanation:
Under 49 Pa. Code § 35.285 (Disclosure of Real Estate Affiliations), a licensee selling their own property MUST disclose that they are a real estate licensee in all advertisements and communications.
The disclosure must be made in a clear and conspicuous manner to inform potential buyers that the seller has professional real estate expertise.
This rule prevents deception and ensures fair dealings in real estate transactions.
Why the other answers are incorrect:
Option A (List Property with Firm): Licensees are NOT required to list their own property with their firm.
Option C (Offer Commission to Brokers): There is no requirement to offer compensation to other brokers.
Option D (Have an Active License): A licensee can still sell their own property even if their license is inactive, but they must disclose their license status.
Reference: 49 Pa. Code § 35.285 C Disclosure of Real Estate Affiliations

Question No : 8

According to the Real Estate Commission, which of the following is REQUIRED to hold a real estate license in Pennsylvania?

A.An attorney who holds himself out as a provider of brokerage services
B.A home builder selling his brand new houses
C.A bank selling its foreclosed properties
D.An individual selling five unimproved lots that she owns

정답:
Explanation:
In Pennsylvania, any person engaging in brokerage activities (such as negotiating sales or leases for compensation) must hold a real estate license unless specifically exempted.
49 Pa. Code § 35.201 (Definitions) & 63 P.S. § 455.304 (Exemptions) allow attorneys to practice real estate without a license ONLY IF the services are incidental to their legal practice.
If an attorney advertises as a real estate broker or regularly engages in real estate transactions beyond legal services, they must obtain a real estate license.
Why the other answers are incorrect:
Option B (Home Builder Selling New Houses): Builders are exempt when selling their own newly constructed homes.
Option C (Banks Selling Foreclosures): Banks are exempt under 63 P.S. § 455.304 (a)(5) since they are not in the business of selling real estate for profit.
Option D (Selling Five Unimproved Lots): Individuals selling their own property do not need a license, even for multiple lots.
Reference: 63 P.S. § 455.304 C Exemptions from Licensing

Question No : 9

An exclusive listing MUST be in writing and it MUST:

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

정답:
Explanation:
All exclusive listing agreements in Pennsylvania MUST specify their duration in writing.
49 Pa. Code § 35.332 (Exclusive Listing Agreements) states that all exclusive listings must have a definite start and end date.
Listings without an expiration date are considered illegal and 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 provisions are not a required part of a listing agreement.
Option C (Signed by Cooperating Broker): A cooperating broker’s signature is not required. Only the listing broker and seller need to sign the agreement.
Reference: 49 Pa. Code § 35.332 C Exclusive Listing Agreements

Question No : 10

Which entities are authorized to investigate charges against real estate licensees concerning illegal discrimination in the sale or rental of housing?

A.The Pennsylvania State Legislature and the Pennsylvania Real Estate Commission
B.The Pennsylvania Real Estate Commission and the Better Business Bureau
C.The Pennsylvania Human Relations Commission and the Pennsylvania State Legislature
D.The Pennsylvania Real Estate Commission and the Pennsylvania Human Relations Commission

정답:
Explanation:
Both the Pennsylvania Real Estate Commission (PREC) and the Pennsylvania Human Relations Commission (PHRC) have authority to investigate illegal discrimination in real estate transactions.
The Pennsylvania Human Relations Commission (PHRC) is responsible for enforcing the Pennsylvania Human Relations Act (PHRA), which prohibits discrimination in housing based on race, color, religion, ancestry, age, sex, national origin, disability, and familial status.
The Pennsylvania Real Estate Commission (PREC) investigates complaints against licensed real estate professionals who violate fair housing laws, including violations of the Real Estate Licensing and Registration Act (RELRA).
Why the other answers are incorrect:
Option A (Pennsylvania State Legislature and PREC): The Legislature makes laws but does not enforce them or conduct investigations.
Option B (PREC and Better Business Bureau): The Better Business Bureau (BBB) is a private organization and does not have legal enforcement authority.
Option C (PHRC and Legislature): The Legislature does not investigate complaints, but the PHRC does.
Reference: Pennsylvania Human Relations Act (PHRA) - 43 P.S. § 951 (PHRC Enforcement)
Real Estate Licensing and Registration Act (RELRA) - 63 P.S. § 455.101 (PREC Enforcement)

Question No : 11

Which of the following activities performed by the manager of a multifamily dwelling REQUIRES a real estate license?

A.Entering into leases
B.Distributing building rules and regulations
C.Showing apartments to prospective renters
D.Providing information on rental amounts to prospective renters

정답:
Explanation:
A real estate license is required to enter into leases on behalf of a landlord because this involves negotiating real estate transactions.
According to 49 Pa. Code § 35.201 (Definitions), property management activities that include leasing, collecting rent, and negotiating lease terms require a real estate license.
A property manager who is actively negotiating leases must hold a real estate license unless they are directly employed by the property owner.
Why the other answers are incorrect:
Option B (Distributing Rules): This does not require a license since it is administrative.
Option C (Showing Apartments): Showing apartments does not require a license as long as no negotiations occur.
Option D (Providing Rental Info): Providing information is not negotiating a lease, so a license is not needed.
Reference: 49 Pa. Code § 35.201 C Definitions

Question No : 12

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?

A.2 years
B.3 years
C.4 years
D.5 years

정답:
Explanation:
If a real estate license is inactive for more than 5 years, the licensee must retake and pass the licensing exam to reinstate their license.
49 Pa. Code § 35.251 (Relicensure Following Revocation or Inactive Status) states that a licensee 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): Licensees may reactivate their license within this period without retaking the exam.
Option C (4 Years): The limit is 5 years, not 4.
Reference: 49 Pa. Code § 35.251 C Relicensure Following Revocation or Inactive Status

Question No : 13

In order to renew a real estate license in Pennsylvania, the licensee:

A.must take 14 hours of CE courses specifically mandated by the Real Estate Commission.
B.may take any combination of approved CE courses adding up to 14 hours of classroom instruction.
C.must include in the required hours of CE any course mandated by the Real Estate Commission within the current licensing period.
D.may include excess hours carried over from the previous licensing period to reach the total CE hours required for the current license term.

정답:
Explanation:
In Pennsylvania, a real estate licensee must complete 14 hours of continuing education (CE) courses during each renewal period. Additionally, if the Pennsylvania Real Estate Commission mandates a specific CE course during the licensing cycle, licensees are required to take that course.
49 Pa. Code § 35.382 (Continuing Education Requirements) states that a licensee must complete the specific courses required by the Commission for each licensing cycle.
Some renewal periods require specific courses, such as ethics or law updates, to ensure that licensees remain compliant with changing regulations.
Why the other answers are incorrect:
Option A (14 Hours Specifically Mandated): While some courses may be mandatory, licensees can choose others from an approved list.
Option B (Any Combination of 14 Hours): Some specific courses are required, meaning licensees cannot just pick any course.
Option D (Carrying Over CE Hours): Continuing education hours do not carry over from one licensing period to another.
Reference: 49 Pa. Code § 35.382 C Continuing Education Requirements

Question No : 14

According to the Pennsylvania Real Estate Commission, which one of the following actions by a licensee is prohibited conduct?

A.Taking a listing that has a duration of only 2 months
B.Negotiating a commission that seriously undercuts those of other brokerage firms
C.Failure to disclose the licensee's use of a third party to acquire property listed by the licensee's office
D.Failure to engage legal counsel to respond to a Commission request for information stemming from a complaint about the licensee

정답:
Explanation:
A real estate licensee in Pennsylvania is prohibited from failing to disclose any personal interest in a transaction. This includes using a third party to purchase property listed by the licensee’s own office.
49 Pa. Code § 35.283 (Disclosure of Interest) requires that a licensee 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): Listings do not have a minimum required time period, so a 2-month duration is permissible.
Option B (Undercutting Commission): Commission fees are negotiable, and the Real Estate Commission does not set a minimum fee.
Option D (Legal Counsel Not Required): Licensees are not required to hire legal counsel to respond to Commission complaints, but they must respond honestly and fully.
Reference: 49 Pa. Code § 35.283 C Disclosure of Interest

Question No : 15

What MUST a licensee do before she can advertise, show, or offer a property?

A.Prepare a preliminary appraisal of the property.
B.Obtain authorization from the owner of the property.
C.Provide a list of clients for whom she has successfully completed real estate transactions in the area.
D.Prepare a comparative market analysis for the property.

정답:
Explanation:
Before advertising, showing, or offering any property, a real estate licensee must obtain written authorization from the property owner. This is a legal requirement to ensure that the licensee has the right to represent the property.
49 Pa. Code § 35.331 (Written Agreements Generally) states that a real estate licensee must have a written agreement with the property owner before performing any real estate services, including advertising and showing the property.
49 Pa. Code § 35.332 (Exclusive Listing Agreements) further clarifies that exclusive agreements must be in writing and signed by both the owner and broker.
Without the owner's written consent, a licensee could be subject to penalties or disciplinary action from the Pennsylvania Real Estate Commission.
Why the other answers are incorrect:
Option A (Preliminary Appraisal): Licensees are not required to conduct appraisals unless they are certified appraisers.
Option C (List of Clients): There is no requirement to provide a history of past transactions before listing or advertising a property.
Option D (Comparative Market Analysis - CMA): A CMA is useful for pricing but is not required before advertising or showing a property.
Reference: 49 Pa. Code § 35.331 C Written Agreements Generally 49 Pa. Code § 35.332 C Exclusive Listing Agreements

Pennsylvania Real Estate Commission RePA_Sales_S 시험