§ 35.359. Course documentation +26Pennsylvania · Real Estate · English

Providers must issue transcripts/certificates within 30 days after a course ends. Prelicensure transcripts must be signed by the director. CE certificates must be unalterable, and licensees must retain them for 2 years after the biennial renewal period.

• ✓Prelicensure transcript provided within 30 days, signed by director
• ✓CE certificates provided within 30 days in an unalterable format
• ✓Licensees must retain CE certificates for 2 years following the biennial renewal period
• ✓Licensees must provide copies to the Commission on request

To take the exam for a builder-owner salesperson's license, an individual must be 18 or older, be employed by a builder-owner of good reputation for honesty, trustworthiness, integrity and competence, and submit a completed application with fee.

• ✓Must be 18 years of age or older
• ✓Must be employed by a builder-owner with a good reputation for honesty, trustworthiness, integrity and competence
• ✓Reciprocal converts only take the state portion

To take the exam for a rental listing referral agent's license, an individual must be 18 or older and complete 4 credits (60 hours) of basic real estate courses (unless holding a qualifying degree), then submit application with fee.

• ✓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
• ✓Reciprocal converts are exempt from education requirements and only take the state portion

All contracts, commitments and agreements between a broker (or licensee) and a principal or consumer who must pay a fee/commission must be in writing and contain the information in § 35.331. Exceptions include oral open listings/nonexclusive buyer agency (if a written memorandum is provided) and cooperating transaction licensees/subagents.

• ✓Agreements requiring a consumer to pay a fee/commission must be in writing and contain § 35.331 information
• ✓Open listings or nonexclusive buyer agency may be oral if a written memorandum of terms is provided
• ✓Transaction licensees/subagents paid by seller but serving buyer must provide a signed written disclosure statement per section 608

A licensee may perform services before an agreement is signed, but is not entitled to recover a fee, commission or other valuable consideration in the absence of a signed agreement.

• ✓A licensee may perform services before an agreement is signed
• ✓No fee/commission may be recovered without a signed agreement

All contracts, commitments, and agreements between a broker (or licensee employed by the broker) and a principal or fee-paying consumer must be in writing and contain the information specified in § 35.331. Exceptions include open listings/nonexclusive buyer agency agreements (which may be oral with a written memorandum of terms), transaction licensees/subagents cooperating with listing brokers, and transaction licensees/subagents paid by seller who must provide a signed disclosure statement per section 608 of the act.

• ✓All broker-principal/consumer fee agreements must be in writing per § 35.331
• ✓Open listings or nonexclusive buyer agency agreements may be oral if a written memorandum of terms is provided
• ✓A licensee cannot recover a fee or commission absent a signed agreement, even if services were performed

Providers must retain attendance and scholastic records for prescribed periods and make copies of student records available to the student on request.

• ✓Continuing education records must be maintained for 4 years
• ✓All other records must be retained for 10 years
• ✓Provider must make copies of student's scholastic and attendance records available upon request

Providers must maintain complete, accurate records covering financial, physical plant, personnel, curriculum, scholastic, and attendance areas. Scholastic transcripts must include specified details such as provider name, approval number, student name, course title, completion date, and hours.

• ✓Must maintain financial, physical plant, personnel, curriculum, scholastic, and attendance records
• ✓Scholastic transcripts must contain provider name/approval number, student name, course title, completion date, and hours
• ✓Records stored at main location; transferred to custodian of records upon termination
• ✓Records must be produced for Commission examination on request or inspection

Time-share salesperson licensure requires a minimum age, a two-credit course, and 30 days onsite training under broker supervision.

• ✓Must be at least 18 years of age and complete the two-credit (30-hour) Commission-developed Time Share 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 broker, cemetery broker, or rental listing referral agent must maintain a main office in Pennsylvania unless they maintain a main office in another state where they hold an equivalent standard license. Additional offices require branch office licenses.

• ✓A broker, cemetery broker, or rental listing referral agent must maintain a main office in Pennsylvania unless they hold an equivalent standard license and main office in another state
• ✓A branch office license is required for each additional office maintained by a broker or cemetery broker

To take the exam for a standard builder-owner salesperson's license, an individual must be at least 18 years old, be employed by a builder-owner with a good reputation for honesty, trustworthiness, integrity, and competence, and submit a completed application with the exam fee. Reciprocal converts only need to pass the state portion.

• ✓Builder-owner salesperson candidate must be 18 or older
• ✓Must be employed by a builder-owner with a good reputation for honesty/integrity/competence
• ✓Reciprocal converts only need to pass the state portion of the exam

Ads employing lotteries/contests or offering prizes must disclose specific details including description, prerequisites, limitations, fair market value, and odds. Records must be maintained, and non-compliance is deceptive conduct.

• ✓Ads must contain a description, prerequisites, quantity limits, fair market value, and odds of winning each prize/certificate/gift/lot
• ✓In print, statements of fair market value and odds must be in same size type as the prize description; odds must appear immediately adjacent
• ✓Fair market value is the price a buyer would expect to pay for a similar item of like quality/quantity at retail
• ✓Licensees must maintain records of prizes distributed and names/addresses of recipients and non-recipients who responded
• ✓Failure to comply, failure to disclose non-distribution possibility, advertising unavailable prizes, or misleading descriptions are deceptive conduct under section 604(a)(18)

Brokers, cemetery brokers and rental listing referral agents must maintain a main office in Pennsylvania unless they hold an equivalent standard license in another state. Additional PA offices require branch office licenses.

• ✓A broker, cemetery broker or rental listing referral agent must maintain a main office in PA unless maintaining a main office in another state where they hold the equivalent of a standard license
• ✓A branch office license is required for each additional office maintained by a broker or cemetery broker

The physical office must meet standards for privacy, signage, and separate residential entrances. These apply to branch offices as well.

• ✓The office must be devoted to real estate business and arranged to permit business in privacy
• ✓If located in a private residence, the office entrance must be separate from the residence entrance
• ✓The business name as designated on the license must be displayed prominently and permanently outside the office

A licensee may not give assurances or advice about a real estate transaction that he knows, or reasonably should know, is incorrect, inaccurate or improbable. A licensee may not knowingly be party to a material false or inaccurate representation in a writing regarding a transaction in which he acts in a representative capacity.

• ✓No assurances/advice known or reasonably should be known to be incorrect, inaccurate or improbable
• ✓No knowingly being party to a material false or inaccurate written representation in a representative capacity

A licensee may not give assurances or advice about a real estate transaction that he knows, or reasonably should know, is incorrect, inaccurate, or improbable. A licensee may not knowingly be a party to a material false or inaccurate written representation in a transaction where acting in a representative capacity.

• ✓Licensees may not give assurances/advice they know or should know are incorrect, inaccurate, or improbable
• ✓Licensees may not knowingly be a party to a material false or inaccurate written representation

A broker or cemetery broker's office must be devoted to real estate business and allow private transactions. Residential offices need a separate entrance, and the business name must be displayed prominently and permanently outside. Branch offices must comply as well.

• ✓The office must be devoted to real estate business and arranged to permit business in privacy
• ✓If located in a private residence, the office entrance must be separate from the residence entrance
• ✓The business name as designated on the license must be displayed prominently and permanently outside the office; branch offices must comply

To take the exam for a standard rental listing referral agent's license, an individual must be at least 18 years old, have completed 4 credits (60 hours) of basic real estate courses (or hold a qualifying degree), and submit an application with the exam fee. Courses must be completed within 10 years. Reciprocal converts are exempt from subsections (a) and (b) and only need to pass the state portion.

• ✓Rental listing referral agent candidate must be 18 or older
• ✓Must complete 4 credits (60 hours) of basic real estate courses or hold a qualifying degree
• ✓Reciprocal converts only need to pass the state portion of the exam

Ads about sales volume, market position, and office numbers must be accurate. Sales volume refers only to closed transactions; market claims must identify the municipality; office claims only to licensed branches.

• ✓Ads about 'sales volume' or 'production' must refer only to closed transactions (listing sold or sale made after fully executed deed delivered)
• ✓Ads about production or market position must identify the municipality the market comprises
• ✓Ads about number of offices must refer only to offices issued branch office licenses by the Commission

A provider must prominently display its certificate of approval and satellite location list at the main location, and its approved name at each teaching location.

• ✓Certificate of approval must be displayed prominently at main location
• ✓Approved name must be displayed at each teaching location
• ✓Alphabetical list of satellite locations must be displayed at main location

A licensee may not participate in a transaction involving property in which he has an ownership interest unless he first discloses that interest in writing to all parties. A licensee may not represent more than one party without written consent of all parties. A managing broker may not accept a commission/rebate/profit on lessor expenditures without the lessor's written consent.

• ✓Ownership interest must be disclosed in writing to all parties before participating in the transaction
• ✓A licensee may not represent more than one party without written consent of all parties
• ✓A managing broker may not accept commission/rebate/profit on lessor expenditures without written consent

A licensee who provides financial, title, insurance, construction, repair or inspection services may not require a consumer to use those services. If the consumer chooses to use them, the licensee must provide written disclosure of any financial interest (including referral fee/commission) at the time advised of availability. There is a continuing duty to disclose conflicts of interest within a reasonably practicable time.

• ✓A licensee may not require a consumer to use the licensee's ancillary services (financial, title, insurance, etc.)
• ✓Written disclosure of financial interest in chosen ancillary services must be provided when availability is first advised
• ✓A licensee has a continuing obligation to disclose conflicts of interest in a reasonably practicable time

A licensee may not participate in a transaction involving property in which he has an ownership interest unless he first discloses that interest in writing to all parties. A licensee may not represent more than one party without the written consent of all parties. A property-managing broker may not accept a commission, rebate, or profit on lessor expenditures without the lessor's written consent. Licensees cannot require consumers to use their ancillary services and must disclose any financial interest in such services. A continuing obligation exists to disclose conflicts of interest.

• ✓Ownership interest in a transacted property must be disclosed in writing to all parties before participating
• ✓Representing more than one party requires written consent of all parties
• ✓A managing broker may not accept commissions/rebates/profits on lessor expenditures without written consent
• ✓Licensees may not require consumers to use their ancillary services and must disclose financial interest in them

The Commission may conduct routine inspections no more than four times per year while classes are in session, plus special inspections upon complaint, reasonable belief of noncompliance, or as follow-up. Inspectors may examine records, inspect premises, monitor instructors, and interview personnel and students.

• ✓Routine inspections limited to no more than four times per year while classes are in session
• ✓Special inspections allowed on complaint, reasonable belief of noncompliance, or follow-up
• ✓Provider must be advised the inspection is limited in scope
• ✓Inspectors may examine records, inspect premises, monitor instructors, and interview personnel/students

After notice and hearing, the Commission may withdraw provider approval for acquiring approval by misrepresentation, failing to maintain § 35.341 compliance, or violating administration requirements (§§ 35.351—35.363). Director approval may be withdrawn for bad faith/dishonesty/incompetency, noncompliance, having a real estate license revoked/suspended, or conviction/plea to a felony or a related misdemeanor (forgery, embezzlement, fraud, etc.).

• ✓Provider approval may be withdrawn for misrepresentation or noncompliance following notice and hearing
• ✓Director approval may be withdrawn for dishonesty, license revocation, or felony/related misdemeanor conviction

A real estate company, franchise, or network may promote its affiliation with an education provider or accredited college, but any ownership interest must be disclosed in all promotions.

• ✓Association/affiliation with a real estate education provider or accredited college may be promoted
• ✓Any affiliation including an ownership interest must be disclosed in all promotions, endorsements, or advertisements
• ✓Ownership interest includes proprietary/beneficial interests producing direct or indirect economic benefit

A licensee must provide the § 35.336 disclosure summary to consumers buying/selling at the initial interview if in person. If not in person, the oral disclosure (§ 35.339) is given at the initial interview and the written disclosure no later than the earlier of the first in-person meeting or the first showing of a property.

• ✓Provide the § 35.336 disclosure summary at the initial in-person interview to buyers/sellers
• ✓If initial interview is not in person, provide oral disclosure then written disclosure by the earlier of first in-person meeting or first property showing
• ✓Licensees working on behalf of tenant use § 35.336; on behalf of owner use § 35.337

A licensee must provide a copy of the signed disclosure to consumers and retain the signed acknowledgment under § 35.286. If a consumer refuses to sign, the refusal must be noted. Disclosures under subsections (a) and (b) do not apply to sale/lease of commercial property to consumers who are not individuals.

• ✓A copy of the signed disclosure must be given to consumers and the signed acknowledgment retained
• ✓A consumer's refusal to sign must be noted on the acknowledgment
• ✓Disclosures do not apply to commercial property transactions with consumers who are not individuals

A licensee must provide the § 35.336 disclosure summary to consumers seeking to buy/sell real estate at the initial interview if in person. If not in person, an oral disclosure (§ 35.339) is given at the initial interview and the written disclosure no later than the first in-person meeting or the first property showing. For leases, licensees working for tenants use § 35.336; those working for owners use § 35.337. Time-share consumers get the § 35.338 summary at the initial interview.

• ✓Disclosure summary § 35.336 must be provided at the initial in-person interview for buyers/sellers
• ✓If not in person, oral disclosure at initial interview and written disclosure by first meeting or first showing
• ✓Licensees working for owners in a lease use § 35.337; those working for tenants use § 35.336

A licensee must provide a copy of the signed disclosure to the consumer and retain the signed acknowledgment under § 35.286; if a consumer refuses to sign, the refusal must be noted. The disclosure requirements of subsections (a) and (b) do not apply to transactions involving the sale or lease of commercial property to consumers who are not individuals.

• ✓A copy of the signed disclosure must be provided and the acknowledgment retained; refusal must be noted
• ✓Disclosures do not apply to commercial property transactions with consumers who are not individuals

Licensees and consumers may enter statutory relationships. Brokers may not extend/delegate agency without written consent. Compensation to another broker doesn't create agency. Confidential information may not be revealed except under specific exceptions.

• ✓A broker may not extend or delegate the agency relationship without the principal's written consent
• ✓Compensation paid by a broker to another broker who assists does not create an agency relationship with the consumer
• ✓A licensee may not reveal/use confidential principal information during or after agency termination except: principal consent, disclosure to another licensee acting for the principal, subpoena/court order, preventing a crime, or defending against a wrongdoing accusation

A provider planning to terminate operations must submit a termination plan to the Commission within 60 days of planned termination, including termination date, record transfer date, and refund/credit allocation procedures.

• ✓Termination plan must be submitted within 60 days of planned termination
• ✓Plan must include date of termination and record-transfer date to custodian
• ✓Plan must include procedure for refunding tuition and allocating credits to enrolled students

The director is responsible for day-to-day administration including instructor evaluation, curriculum evaluation, exam analysis, records/facilities management, and compliance. Providers must have a main location with administrative offices, records, and a dedicated listed telephone. Class locations must be suitable, in conformance with building/fire/sanitary codes, and may not share space with a real estate franchise, network, or organization (with exceptions for trade associations and certain continuing-education arrangements).

• ✓Director handles day-to-day administration and ensures compliance with §§ 35.352—35.363
• ✓Class locations may not share office/instruction/common space with a real estate franchise, network, or organization
• ✓Provider must maintain a main location with a dedicated listed telephone

A provider must employ qualified instructors. An individual may be considered qualified if they possess an undergraduate/graduate/postgraduate degree in the course subject matter OR have 3 years of practical or teaching experience in a profession, trade, or occupation directly related to the subject. Providers must maintain documentation substantiating qualifications.

• ✓Instructor qualifies with a relevant degree OR 3 years related practical/teaching experience
• ✓Provider must maintain documentation substantiating instructor education and experience

A licensee representing sellers must advise sellers of their duty to disclose known material defects by completing a property disclosure statement satisfying 68 Pa.C.S. § 7304, provide a compliant statement per § 35.335a, and deliver the completed or 'refused' statement to the buyer side prior to execution of an agreement of sale.

• ✓Advise sellers of their duty to disclose known material defects via a property disclosure statement meeting 68 Pa.C.S. § 7304
• ✓Provide sellers with a property disclosure statement meeting or exceeding § 35.335a
• ✓Deliver the completed or 'refused' statement to the buyer/buyer's licensee before execution of the agreement of sale

A licensee representing buyers must advise buyers of the seller's duty to provide a completed statement and assure delivery before agreement execution. All such licensees must disclose in writing all material defects of which they have actual knowledge that are not otherwise disclosed, but need not conduct an independent investigation.

• ✓Advise buyers that sellers have a duty to provide a completed property disclosure statement and assure its delivery before agreement execution
• ✓Disclose in writing all material defects of actual knowledge not otherwise disclosed
• ✓Licensees are not required to conduct an independent investigation to confirm seller disclosures

A licensee representing sellers (or transaction licensee with sellers) must advise sellers of their duty to disclose known material defects by completing a property disclosure statement per 68 Pa.C.S. § 7304, provide a statement meeting or exceeding § 35.335a, and deliver the completed (or 'refused'-marked) statement to the buyer side before execution of an agreement of sale. A licensee representing buyers must advise buyers of the seller's duty and assure timely delivery of the statement before execution of the agreement.

• ✓Seller's licensee must advise sellers of duty to disclose known material defects and provide a compliant disclosure statement
• ✓The completed or 'refused' disclosure statement must be delivered to the buyer side before execution of the agreement of sale
• ✓Buyer's licensee must advise buyers of the seller's disclosure duty and assure delivery

Licensees on both sides must disclose to the buyer in writing all material defects not otherwise disclosed of which the licensee has actual knowledge. Licensees are not required to conduct an independent investigation to confirm the seller's disclosures.

• ✓Licensees must disclose in writing all material defects of which they have actual knowledge
• ✓Licensees need not conduct an independent investigation to confirm the seller's disclosures

Beyond § 35.292 duties, a seller's agent owes loyalty, confidentiality (except material defects), continuous effort to find a buyer, and disclosure of agency status. Seller's agents may compensate subagents, buyer's agents, and transaction licensees.

• ✓Owes loyalty to the seller/landlord and acts in their best interest
• ✓Owes confidentiality except the duty to reveal known material defects about the property
• ✓Must make continuous good faith effort to find a buyer/tenant unless subject to an existing sale/lease agreement
• ✓Must disclose to other parties that the licensee is engaged as a seller's agent
• ✓Showing alternative properties or listing competing properties does not breach a duty
• ✓Subagents have the same duties/obligations to the seller as the seller's agent; buyer's agents and transaction licensees do not

In addition to § 35.292 duties, a seller's agent owes loyalty (acting in the seller/landlord's best interest), confidentiality (except a duty to reveal known material defects), a continuous good faith effort to find a buyer/tenant, and disclosure to other parties of the seller's agent engagement. A seller's agent does not breach duty by showing alternative properties or listing competing properties.

• ✓A seller's agent owes loyalty, confidentiality (except known material defects must be revealed), continuous good faith effort, and disclosure of the seller's agent role
• ✓Subagents compensated by the seller's agent have the same duties/obligations to the seller/landlord
• ✓Each licensee employed by the broker acts as a seller's agent unless designated under § 35.315

Providers may not use an unapproved name, hold out as endorsed by the Commission (beyond stating approval), falsely claim accreditation, guarantee employment or exam passage, promote a real estate licensee/organization/franchise, recruit or solicit students for employment/membership, allow franchise identification on premises, advertise in employment columns, or engage in false/misleading advertising. Students must be informed of the anti-recruiting prohibition with the Commission's toll-free number.

• ✓Providers may not guarantee employment or that completion will result in passing the licensing exam
• ✓Providers may not promote or recruit students for a real estate licensee, organization, franchise, or network
• ✓Students must be given a written anti-recruiting statement with the Commission phone number 1-800-822-2113

Prospectus materials must clearly state admission requirements, curriculum, tuition/fees and refund policy, and completion requirements, and be directed to the general licensee population. Tuition must bear a reasonable relationship to instruction quality/quantity, with itemized fees for materials that become student property. Each student must sign an enrollment agreement itemizing fees, stating the refund policy, and containing the Bureau's toll-free number (800) 822-2113 for complaints.

• ✓Tuition must bear a reasonable relationship to the quality and quantity of instruction; extra fees itemized
• ✓Student enrollment agreement must itemize tuition/fees, state refund policy, and include the complaint phone number (800) 822-2113

A broker, developer, or subdivider ('applicant') proposing promotional sales in Pennsylvania of out-of-state property must submit full particulars for Commission approval before selling, bear inspection expenses, and may not represent Commission approval of the property.

• ✓Applicant must submit full particulars and obtain Commission approval before promotional sales
• ✓Applicant bears expenses of Commission investigation and inspection
• ✓May not reference Commission or represent that property was inspected/approved by the Commission
• ✓Must notify Commission at least 10 days in advance of group sales/advertising events

Beyond § 35.292 duties, a buyer's agent owes loyalty, confidentiality, continuous effort to find property, and disclosure of agency status. The buyer's agent represents the buyer even if paid by the seller.

• ✓Owes loyalty to the buyer/tenant and acts in their best interest
• ✓Owes confidentiality and must make continuous good faith effort to find property unless subject to an existing contract
• ✓Must disclose to other parties engagement as a buyer's agent
• ✓A buyer's agent represents the buyer/tenant's interests even if paid by the seller/landlord
• ✓Showing an interested property to other buyers does not breach a duty

In addition to § 35.292 duties, a buyer's agent owes loyalty (best interest of buyer/tenant), confidentiality, a continuous good faith effort to find a property, and disclosure of buyer's agent engagement to other parties. A buyer's agent represents the buyer's interests even if paid by the seller/landlord.

• ✓A buyer's agent owes loyalty, confidentiality, continuous good faith effort, and disclosure of the buyer's agent role
• ✓A buyer's agent represents the buyer/tenant's interests even if paid by the seller/landlord
• ✓Each licensee employed by the broker acts as a buyer's agent unless designated under § 35.315