§ 35.337. Disclosure summary — lease on behalf of owner +27Pennsylvania · Real Estate · English

For leasing residential or commercial property on behalf of the owner, the licensee provides a Consumer Notice ('THIS IS NOT A CONTRACT') stating the capacity in which the licensee is acting: (I) owner/landlord of the property; (II) direct employee of the owner/landlord; or (III) an agent of the owner/landlord pursuant to a property management or exclusive leasing agreement. The consumer acknowledges receipt and the licensee certifies delivery.

• ✓Licensee must check the capacity: owner/landlord, direct employee, or agent under management/exclusive leasing agreement
• ✓Consumer must acknowledge receipt and licensee must certify providing the notice

A standard cemetery salesperson applicant must be at least 18 years old and submit a sworn affidavit from the affiliating broker or cemetery broker. No licensing examination is required.

• ✓Applicant must be 18 years of age or older
• ✓Must submit a sworn affidavit from the affiliating broker/cemetery broker attesting to good reputation and certifying active supervision and training
• ✓No licensing examination is required for the standard cemetery salesperson license

A reciprocal cemetery salesperson applicant must hold a current out-of-state cemetery salesperson license, submit state certification, a verified statement, and a sworn statement from the affiliating broker.

• ✓Must possess a current cemetery salesperson's license from a reciprocating or comparable state
• ✓Must submit certification from the other state and a verified statement of no discipline/familiarity with the act
• ✓Must submit a sworn statement from the affiliating broker certifying active supervision

If a broker with a sole proprietorship or broker of record cannot act due to illness or injury, the broker's attorney (or another with power of attorney), a corporate officer, or partner must notify the Commission within 15 days that they have appointed another licensed broker as interim broker/broker of record until the original broker can resume responsibilities.

• ✓Notification to the Commission must occur within 15 days of the disabling illness/injury
• ✓An appointed licensed broker serves as interim broker until the original can resume duties

Licensees may not advertise or solicit for real estate without authority from the seller/lessor or their agent. Rental listing referral agents must respect owner opt-outs.

• ✓A licensee may not advertise the sale/lease of real estate or solicit buyers/tenants without authority of the seller/lessor or their agent
• ✓A rental listing referral agent may not publish information about a rental property if the lessor or property manager expressly states it should not be included

When discussing real estate before providing the written Consumer Notice, a licensee must read a mandated oral disclosure verbatim advising the consumer that information shared is not confidential.

• ✓The oral disclosure must be read verbatim as specified in the regulation
• ✓It advises the consumer that any information given is NOT considered confidential unless and until the parties enter into a business relationship
• ✓The licensee must state that a written Consumer Notice explaining business relationships and duties will be provided at the first meeting

When discussing real estate without the benefit of the written Consumer Notice, the licensee must read verbatim a required oral disclosure advising that any information given at that time is NOT confidential and will not be considered confidential unless and until a business relationship is entered, and that a written Consumer Notice will be provided at the first meeting.

• ✓Oral disclosure must be read verbatim as prescribed
• ✓Must advise consumer that information given is not confidential until a business relationship is entered into

A provider must supply prospectus materials to the Commission on request. Materials must clearly state admission requirements, curriculum (identifying prelicensure/CE courses), tuition/fees and refund policy, and completion requirements, and must be directed to the general licensee population.

• ✓Must state admission requirements, curriculum, tuition/fees, refund policy, and completion requirements
• ✓Must specify which courses meet prelicensure or continuing education requirements
• ✓Materials must be directed to general licensee population without regard to affiliation

To take the broker's examination, an individual must be 21 or older, be a high school graduate or GED holder, have at least 3 years as a licensed salesperson (or equivalent experience/education), and have acquired 16 credits (240 hours) of professional real estate education. A completed application with transcripts, resume, and required fees must be submitted.

• ✓Must be 21 years of age or older and a high school graduate or GED holder
• ✓Must have at least 3 years as a licensed salesperson or equivalent experience/education
• ✓Must acquire 16 credits or 240 hours of professional real estate education
• ✓Possession of a salesperson's license for 3+ years alone does NOT qualify a person to sit for the broker's exam (Bhala v. State Real Estate Commission)

A bachelor's degree with a real estate major, a bachelor's with equivalent real estate coursework, or a juris doctor degree deems the education requirement met. Otherwise, candidates must complete 16 credits including 2 in real estate office management and 2 in a law course. A maximum of 4 credits per course/area; courses must be within 10 years; 2 credits allowed per year of active out-of-state broker practice. Salesperson qualifying credits may not be reused for the broker requirement.

• ✓A qualifying bachelor's degree or juris doctor satisfies the broker education requirement
• ✓Non-degree candidates need 16 credits including 2 in office management and 2 in a law course
• ✓Maximum 4 credits per course; courses must be completed within 10 years of exam
• ✓Credits used to qualify for the salesperson's exam cannot be applied to the broker education requirement
• ✓Reciprocal licensees converting to standard broker are exempt from subsection (a) and only take the state portion

To take the broker's examination for a standard license, an individual must be at least 21 years old, be a high school graduate or equivalent, have at least 3 years' experience as a licensed salesperson (or equivalent experience/education), and have acquired 16 credits (240 hours) of professional real estate education. The application must include official transcripts, a detailed resume of activities with a sworn broker statement, and the required review and examination fees.

• ✓Broker candidate must be 21 or older and a high school graduate/equivalent
• ✓Must have at least 3 years as a licensed salesperson or equivalent experience/education
• ✓Must have 16 credits (240 hours) of professional real estate education
• ✓Possessing a salesperson's license for 3+ years alone does not qualify a person to sit for the broker's exam (Bhala v. State Real Estate Commission)

A bachelor's degree with a real estate major, a bachelor's with equivalent real estate coursework, or a juris doctor from an accredited law school satisfies the education requirement. Candidates without such degrees must acquire 16 credits including 2 in real estate office management, 2 in law, at least 6 of the remaining 12 in 3+ Commission-developed courses, and 6 in other real estate courses. A max of 4 credits per course/area; courses must be completed within 10 years; salesperson exam credits cannot be reused.

• ✓Qualifying degrees (real estate major bachelor's, equivalent bachelor's, or JD) waive specific coursework
• ✓16 credits must include 2 in office management and 2 in law
• ✓Maximum 4 credits per course/area; courses must be completed within 10 years prior to passing the exam
• ✓2 credits are allowed per year of active out-of-state broker practice during the preceding 10 years

A reciprocal licensee converting to a standard broker's license is exempt from the general eligibility requirements of subsection (a) and is only required to pass the state portion of the examination.

• ✓Reciprocal-to-standard broker conversion candidates are exempt from subsection (a) requirements
• ✓Such candidates only need to pass the state portion of the examination

Cemetery salesperson licensure has no examination requirement but requires a minimum age and a sworn broker affidavit certifying supervision.

• ✓Must be 18 years of age or older
• ✓Must submit a sworn affidavit from the affiliating broker or cemetery broker attesting to good reputation and certifying active supervision and training

A standard builder-owner salesperson applicant must pass the salesperson's exam within 3 years and submit a sworn statement from a builder-owner attesting to good reputation and confirming employment.

• ✓Must pass each part of the salesperson's licensing exam within 3 years prior to application
• ✓An applicant licensed as a broker, salesperson, or builder-owner salesperson in another state within 5 years takes only the Pennsylvania portion
• ✓Must submit a sworn statement from a builder-owner of single/multifamily dwellings certifying they employ the applicant

A reciprocal builder-owner salesperson applicant must hold a current out-of-state license, submit state certification, a verified statement, and a sworn statement from the affiliating builder-owner.

• ✓Must possess a current builder-owner salesperson license from a reciprocating or comparable state
• ✓Must submit certification from the other state and a verified statement
• ✓Must submit a sworn statement from the builder-owner confirming employment and dwelling ownership

A comparative market analysis must carry a conspicuous first-page statement distinguishing it from a formal appraisal under USPAP.

• ✓The statement must be printed conspicuously and without change on the first page
• ✓It must state the analysis was not performed under the Uniform Standards of Professional Appraisal Practice and is not to be construed as an appraisal or used as such for any purpose

A comparative market analysis (CMA) must contain a conspicuous statement on the first page, printed without change, stating that the analysis has NOT been performed under USPAP, is not to be construed as an appraisal, and may not be used as such for any purpose.

• ✓CMA must contain the prescribed disclaimer conspicuously on the first page without change
• ✓Statement must declare the analysis is not an appraisal and was not performed under USPAP

For time-share estates, the licensee provides a Consumer Notice ('THIS IS NOT A CONTRACT') indicating the capacity: (I) owner of the property; (II) direct employee of the owner; or (III) agent of the owner pursuant to a property management or exclusive leasing or selling agreement. Consumer acknowledges receipt and licensee certifies delivery.

• ✓Must state licensee's capacity: owner, direct employee, or agent under management/exclusive leasing or selling agreement
• ✓Requires consumer acknowledgment of receipt and licensee certification

A licensee may not solicit the sale or disposition of real estate with such frequency as to amount to clear harassment of the owner or controlling person.

• ✓A licensee may not solicit by personal contact, telephone, mail, or advertising with frequency amounting to clear harassment
• ✓This applies whether or not the licensee is acting on behalf of a prospective buyer

Tuition must bear a reasonable relationship to the quality and quantity of instruction. Additional fees for books, supplies, and materials must be itemized, and those items become the student's property upon payment.

• ✓Tuition must reasonably relate to quality and quantity of instruction
• ✓Additional fees for books/supplies/materials must be itemized
• ✓Books, supplies, and materials become student property upon payment

To take the salesperson's examination, an individual must be 18 or older and have completed 4 credits (60 hours) of basic real estate courses, then submit a completed application with the examination fee. A qualifying degree (real estate major bachelor's, equivalent, or juris doctor) satisfies the education requirement.

• ✓Must be 18 years of age or older
• ✓Must complete 4 credits or 60 hours of basic real estate courses (unless holding a qualifying degree)
• ✓Courses must be completed within 10 years prior to successful completion of the exam
• ✓Reciprocal licensees converting to standard salesperson only take the state portion of the exam

To take the salesperson's examination for a standard license, an individual must be at least 18 years old, have completed 4 credits (60 hours) of basic real estate courses, and submit a completed application with the examination fee. Qualifying degrees (real estate major bachelor's, equivalent bachelor's, or JD) satisfy the education requirement. Courses must be completed within 10 years prior to passing the exam.

• ✓Salesperson candidate must be 18 or older
• ✓Must complete 4 credits (60 hours) of basic real estate courses (or hold a qualifying degree)
• ✓Courses must be completed within 10 years prior to successful completion of the exam

A licensee converting a reciprocal license to a standard salesperson's license is exempt from the requirements of subsections (a) and (b) and only needs to pass the state portion of the examination.

• ✓Reciprocal-to-standard salesperson conversion candidates are exempt from subsections (a) and (b)
• ✓Such candidates only need to pass the state portion of the exam

A builder-owner salesperson passes the salesperson exam and works for a builder-owner of single or multifamily dwellings, who must certify employment.

• ✓Must pass the salesperson's licensing examination within 3 years prior to a completed application
• ✓Must submit a sworn statement from a builder-owner certifying the builder-owner builds single/multifamily dwellings and employs the applicant

A standard rental listing referral agent applicant must pass the salesperson's exam within 3 years, comply with the general office requirement, and submit a completed application.

• ✓Must pass each part of the salesperson's examination within 3 years prior to application
• ✓An applicant licensed as a broker, salesperson, or rental listing referral agent in another state within 5 years takes only the Pennsylvania portion
• ✓Must comply with § 35.241 general office requirement

Reciprocal applicants must hold a current out-of-state license and submit certification and verified statement. Entities must designate a manager of record who is a licensed rental listing referral agent.

• ✓Reciprocal applicant must possess a current rental listing referral agent's license from a reciprocating or comparable state
• ✓Entity must designate a licensed rental listing referral agent as manager of record
• ✓Entity must comply with § 35.241 and submit a completed application

Attempting to bring about panic selling to profit is treated as bad faith under section 604(a)(20). Panic selling exploits unfounded fears of declining values in a neighborhood.

• ✓Panic selling is frequent efforts to sell residential real estate in a neighborhood due to fear of declining values not based on intrinsic value facts
• ✓The Commission regards attempting to profit from panic selling as bad faith under section 604(a)(20)
• ✓Proof of systematic solicitation of sales listings may be sufficient but not conclusive evidence of panic selling

A real estate education provider must obtain Commission approval before commencing operations, meeting character, naming, director, records-custody, and bonding requirements.

• ✓Must obtain the Commission's approval before commencing operations in the Commonwealth
• ✓Owners (or corporate officers/directors) must possess good moral character, and the provider must have an acceptable name and a qualified director of operations
• ✓Must designate a custodian of records in case of termination and post a $10,000 surety bond to protect students' contractual rights
• ✓Must submit a completed application including the approval fee prescribed in § 35.203

The provider approval application requires owner and director applications with detailed supporting materials, registrations, and copies of key documents.

• ✓Owner application requires a resume of experience, two reference letters, and certified court documents for any felony/misdemeanor conviction or plea
• ✓Director application requires credentials evidencing § 35.342 qualifications and certified court documents for any conviction/plea
• ✓Must include fictitious name/corporate registration as applicable, a copy of the surety bond, student enrollment agreement, school transcript, admission prerequisites, refund policy, and a sketch/photograph of the provider's sign for each location

Each student must enter into an enrollment agreement that itemizes tuition/fees/services/materials, states the refund policy for withdrawal/dismissal/termination, and contains the Bureau's toll-free complaint number.

• ✓Must itemize tuition, fees, services, and materials
• ✓Must state refund policy for withdrawal, dismissal, or school termination
• ✓Must contain the Bureau's toll-free number (800) 822-2113 for complaints

Instructor-led learning may not exceed 7.5 clock hours per day, with a clock hour being 60 minutes (50 min instruction + 10 min break) and no more than 90 consecutive minutes without a break. Course content must match its stated title and description, and attendance minimums apply.

• ✓Instructor-led learning may not exceed 7.5 clock hours per day
• ✓A clock hour = 50 minutes instruction plus 10-minute break
• ✓No more than 90 consecutive minutes without a break
• ✓Prelicensure requires physical presence for at least 80% of instruction; CE requires at least 90%
• ✓Distance education delivery must be approved by ARELLO or similar body

For prelicensure courses, one credit is assigned for every 15 clock hours of instruction, and courses must be graded by proctored examination unless a disability makes examination grading impractical.

• ✓Prelicensure course = one credit per 15 clock hours of instruction
• ✓Prelicensure courses must be graded by proctored examination
• ✓Exception to proctored exam grading for handicap/disability

A rental listing referral agent passes the salesperson exam, meets office requirements, and (for entities) designates a manager of record.

• ✓Must pass the salesperson's examination within 3 years prior to a completed application and comply with § 35.241 general office requirement
• ✓An entity must designate a current standard or reciprocal rental listing referral agent to serve as manager of record

To take the cemetery broker's examination, an individual must be 21 or older, have at least 3 years as a licensed salesperson/cemetery salesperson (or equivalent), and complete 4 credits (60 hours) of basic real estate courses. Applications require transcripts, resume, and fees.

• ✓Must be 21 years of age or older
• ✓Must have at least 3 years as a licensed salesperson or cemetery salesperson or equivalent
• ✓Must complete 4 credits or 60 hours of basic real estate courses
• ✓Reciprocal licensees converting to standard cemetery broker only take the state portion

To take the exam for a standard cemetery broker's license, an individual must be at least 21 years old, have at least 3 years as a licensed salesperson or cemetery salesperson (or equivalent experience/education), and have completed 4 credits (60 hours) of basic real estate courses. The application requires transcripts, a resume with a sworn broker statement, and applicable fees. Qualifying degrees waive specific coursework; cemetery courses and out-of-state cemetery association courses may count if equivalent to approved PA courses.

• ✓Cemetery broker candidate must be 21 or older with 3 years as a salesperson/cemetery salesperson or equivalent
• ✓Must complete 4 credits (60 hours) of basic real estate courses or hold a qualifying degree
• ✓Courses must be completed within 10 years prior to passing the exam

A reciprocal licensee converting to a standard cemetery broker's license is exempt from subsection (a) and only needs to pass the state portion of the examination.

• ✓Reciprocal-to-standard cemetery broker candidates are exempt from subsection (a)
• ✓Such candidates only need to pass the state portion of the exam

Applicants must be 18 or older, complete the one-credit (15 hours) Commission-developed Campground Membership Sales course before onsite training, and complete 30 days of onsite training supervised by a broker.

• ✓Applicant must be 18 years of age or older
• ✓Must complete the one-credit (15 hours) Campground Membership Sales course taken prior to onsite training at an approved institution
• ✓Must complete 30 days of onsite training during a 90-day period within 3 years, supervised by a broker

Reciprocal applicants must hold a current out-of-state campground membership salesperson license, submit state certification, a verified statement, and a sworn statement from the supervising broker.

• ✓Must possess a current campground membership salesperson's license from a reciprocating or comparable state
• ✓Must submit certification from the other state and a verified statement
• ✓Must submit a sworn statement from the broker who provided onsite training

A licensee advertising their own real estate must disclose their licensee status in advertisements, unless the property is listed with a real estate company.

• ✓A licensee selling/leasing own real estate must disclose being a real estate licensee in advertisements
• ✓The disclosure requirement does not apply if the property is listed with a real estate company

This license requires a minimum age, a specific one-credit course, and 30 days of onsite training under broker supervision instead of a standard exam.

• ✓Must be 18 years of age or older and complete the one-credit (15-hour) Commission-developed Campground Membership Sales course prior to onsite training
• ✓Must complete 30 days of onsite training during a 90-day period within 3 years prior to application, supervised by a broker
• ✓Must submit an official transcript and a sworn broker statement certifying active training and supervision

A real estate education provider must obtain Commission approval before commencing operations. Requirements include being owned by persons of good moral character (or a corporation with qualifying officers/directors), an acceptable name, an approved director, a designated records custodian, a $10,000 surety bond for student contractual rights, and submission of a completed approval application with resumes, references, court documents, registrations, surety bond copy, enrollment agreement, transcript, prerequisites, refund policy, approval fee, and sign photographs.

• ✓Must obtain Commission approval before commencing operations
• ✓Must post a $10,000 surety bond to the Commonwealth to protect students' contractual rights
• ✓Must designate a records custodian and submit a complete application with required documents and the approval fee

Applicants must be at least 18, complete the two-credit (30 hours) Commission-developed Time Share Sales course before onsite training, and complete 30 days of onsite training supervised by a broker.

• ✓Applicant must be at least 18 years of age
• ✓Must complete the two-credit (30 hours) Time Share Sales course taken prior to onsite training at an approved institution
• ✓Must complete 30 days of onsite training during a 90-day period within 3 years, supervised by a broker

Reciprocal applicants must hold a current out-of-state time-share salesperson license, submit state certification, a verified statement, and a sworn statement from the supervising broker.

• ✓Must possess a current time-share salesperson's license from a reciprocating or comparable state
• ✓Must submit certification from the other state and a verified statement of familiarity with the act and regulations
• ✓Must submit a sworn statement from the broker who provided onsite training

Brokerage companies must advertise only under their licensed business name. Nicknames require prior application. Ads by associate brokers/salespersons must include the employing broker's name and phone number in equal-size type.

• ✓Brokerage companies, cemetery companies, and rental listing referral agencies must advertise only under the business name on their license
• ✓Nicknames must be included on licensure or biennial renewal applications before use in advertising
• ✓Advertisements by an associate broker/salesperson must contain the employing broker's business name and telephone number of equal size

Court decisions (Campo and D'Alonzo) held that ads violate the rule when the employing broker's listed phone number differs from the directory assistance number, even if owned by the broker. The regulation was upheld as advancing employee supervision and preventing public misconception.

• ✓Ads must accurately provide the employing broker's telephone number matching directory assistance (Campo v. State Real Estate Commission)
• ✓The regulation advances employee supervision and prevents the public from mistakenly believing the salesperson is self-employed