A salesperson who operates as an independent contractor for a broker is seldom in the office. Earnest money deposits received by this salesperson:
Answer : B
Under 49 Pa. Code 35.324 (Handling of Deposits and Escrow Money), all earnest money deposits must be promptly transmitted to the employing broker for deposit into an escrow account.
A salesperson cannot hold earnest money or maintain an escrow account on their own.
Brokers are responsible for ensuring that all escrow funds are properly handled and protected from commingling.
Why the other answers are incorrect:
Option A (Salesperson Holding Escrow Funds): Salespersons are prohibited from maintaining independent escrow accounts.
Option C (Holding Funds for 3 Days): Earnest money must be turned over to the broker as soon as possible; salespersons cannot hold it for any period.
Option D (Returning to Buyer for Transmission): Earnest money must go directly to the broker, not back to the buyer.
49 Pa. Code 35.324 -- Handling of Deposits and Escrow Money
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?
Answer : A
Under The Fair Housing Act (42 U.S.C. 3604) and The 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 laws because service animals are not 'pets'.
Option C (No Pets Rule): A no-pets policy does not apply to service animals.
Option D (Federally Registered Service Animal): There is no federal registry for service animals, so this is not a valid requirement.
In order to work as a property manager for compensation, an individual must:
Answer : D
Under 49 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.
A listing agreement must contain all of the following EXCEPT:
Answer : C
Under 49 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.
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 : C
Under 49 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.
49 Pa. Code 35.241 -- Supervision and Operation of Offices
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