Get Prepared for Your RePA_Sales_S Exam With Actual 52 Questions [Q18-Q38]

Get Prepared for Your RePA_Sales_S Exam With Actual 52 Questions

Valid RePA_Sales_S Test Answers Full-length Practice Certification Exams

NEW QUESTION # 18
What MUST a salesperson licensee convicted of a felony do?

A. Immediately turn in the real estate license to the Real Estate Commission
B. Discuss the matter with the employing broker to decide what to do
C. Provide the Real Estate Commission with information about the conviction
D. Terminate all real estate activities

Answer: C

Explanation:
According to49 Pa. Code § 35.288under"Reporting of Crimes and Disciplinary Actions", all licensees in Pennsylvania arerequired to notifythePennsylvania Real Estate Commissioninwritingwithin30 daysof any felony or misdemeanor conviction.
* A licensee doesnotautomatically lose their license upon conviction, but theCommission will reviewthe case and may takedisciplinary actionsuch as suspension or revocation of the license.
* Failing to reportthe conviction within the required time mayresult in additional penalties.
* Immediate license surrender (Option A)isnotrequired.
* Discussing with the broker (Option B)is not a sufficient step since theofficial duty is to inform the Commission.
* Terminating all activities (Option D)is not an automatic requirement unless theCommission suspends or revokes the license.

NEW QUESTION # 19
Interest earned on an escrow account is:

A. Payable subject to an agreement between the parties.
B. Equally divided between the listing and selling brokers.
C. Equally divided between the buyer and seller.
D. Payable to the broker holding the deposit.

Answer: A

Explanation:
Under49 Pa. Code § 35.326 (Escrow Accounts and Interest),interest earned on escrow accounts belongs to the party or parties as determined by the terms of the contract or agreement.
* A broker cannot personally benefit from interest earned on escrow funds unless the contract explicitly allows it.
* The purchase agreement must specify how the interest is handled, whether it is payable to the buyer, seller, or split between parties.
Why the other answers are incorrect:
* Option A (Payable to the Broker):A broker cannot keep interest from an escrow account unless agreed upon in writing.
* Option B (Equally Divided Between Buyer and Seller):Interest division is not automatic; it must be outlined in the contract.
* Option C (Equally Divided Between Brokers):Brokers do not have rights to escrow interest unless explicitly agreed upon.
Reference:
49 Pa. Code § 35.326- Escrow Accounts and Interest

NEW QUESTION # 20
A salesperson secures a listing priced at $110,000. A prospective buyer asks the salesperson to write a
$65,000 offer for the property. The salesperson should:

A. Prepare the offer as requested but not waste the seller's time presenting it.
B. Advise the buyer to offer more for the property since the seller is unlikely to accept such a low offer.
C. Suggest that the buyer have another licensee prepare the offer.
D. Prepare the offer as requested and present it to the seller.

Answer: D

Explanation:
Under49 Pa. Code § 35.292 (Duties of Licensees Generally),a real estate licensee is required to present all written offers to the seller, regardless of the amount.
* It is the seller's right to accept, reject, or counter an offer, not the salesperson's decision.
* A salesperson cannot refuse to submit an offer based on personal opinions about the price.
* Presenting all offers ensures fair dealings and upholds fiduciary duty to the seller.
Why the other answers are incorrect:
* Option B (Not Waste the Seller's Time):It is the seller's decision to accept or reject an offer, not the salesperson's.
* Option C (Advise Buyer to Offer More):A licensee must remain neutral and cannot pressure a buyer to increase their offer.
* Option D (Suggest Buyer Use Another Agent):There is no reason to transfer the buyer to another agent. The agent must present the offer.
Reference:
49 Pa. Code § 35.292- Duties of Licensees Generally

NEW QUESTION # 21
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. Suspended
C. Inactive
D. Reinstated

Answer: B

Explanation:
Under63 P.S. § 455.803 (Real Estate Recovery Fund), if the Pennsylvania Real Estate Commissionpays 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.

NEW QUESTION # 22
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

Answer: D

Explanation:
If a real estate license is inactive formore than 5 years, the licenseemust retake and pass the licensing exam to reinstate their license.
* 49 Pa. Code § 35.251 (Relicensure Following Revocation or Inactive Status)states that alicensee 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):Licenseesmay reactivate their license within this period without retaking the exam.
* Option C (4 Years):Thelimit is 5 years, not 4.

NEW QUESTION # 23
A salesperson who operates as an independent contractor for a broker is seldom in the office. Earnest money deposits received by this salesperson:

A. Should be transmitted promptly after receipt to the broker.
B. Should be returned to the buyer to transmit to the broker.
C. May be held by the salesperson for 3 business days.
D. May be kept temporarily in an escrow account opened by the salesperson.

Answer: A

Explanation:
Under49 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.

NEW QUESTION # 24
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. Suspended
C. Inactive
D. Reinstated

Answer: B

NEW QUESTION # 25
What MUST a licensee do before she can advertise, show, or offer a property?

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

Answer: A

Explanation:
Before advertising, showing, or offering any property, areal 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 licenseemusthave a written agreement with the property ownerbefore performing any real estate services, including advertising and showing the property.
* 49 Pa. Code § 35.332 (Exclusive Listing Agreements)further clarifies that exclusive agreementsmust be in writingand 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 isnot required before advertising or showing a property.

NEW QUESTION # 26
A "For Sale by Owner" property owner has offered a flat fee to any licensee who procures a buyer. The owner's terms specify that 50% of the fee is payable upon contract acceptance, with the other 50% payable upon transfer of title. A CORRECT statement about this arrangement is that it is:

A. in violation of license law since all compensation must be paid at closing.
B. acceptable if the fee does not exceed the prevailing commission rate.
C. in violation of license law since compensation for real estate sales can come only from listed properties.
D. acceptable if the fee is paid to the employing broker.

Answer: D

Explanation:
Under49 Pa. Code § 35.283 (Compensation and Commission),a salesperson can only receive payment through their employing broker. This means thatif the flat fee is paid to the broker (not directly to the salesperson), then the arrangement is legal.
* Commission does not have to be paid at closing; payment terms can be negotiated, including split payments.
* For Sale by Owner (FSBO) properties are not required to be listed with a brokerage, so compensation can still be earned if a licensee brings a buyer.
Why the other answers are incorrect:
* Option B (Commission Rate Limitations):There areno "prevailing" commission ratessince commissions are always negotiable.
* Option C (Compensation Must Be at Closing):Commission can bestructured differently(e.g., partial upfront payment).
* Option D (Only Listed Properties Qualify for Commission):Agents can earn commission on FSBOsas long as the broker is involved.

NEW QUESTION # 27
In order to work as a property manager for compensation, an individual must:

A. Hold a real estate license and, if not a broker, be supervised by a broker.
B. Complete at least one course in property management every two years.
C. Complete a certification for property management.
D. Pass a separate examination in principles of property management.

Answer: A

Explanation:
Under49 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.
Reference:
49 Pa. Code § 35.201- Definitions

NEW QUESTION # 28
A salesperson owns a residence and wishes to sell it without listing it. Under Pennsylvania license law, the salesperson MUST:

A. have an active license
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. list the property with their firm

Answer: B

Explanation:
Under49 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 mannerto 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):Licenseesare NOT required to list their own propertywith their firm.
* Option C (Offer Commission to Brokers):There isno requirement to offer compensationto 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.

NEW QUESTION # 29
Which of the following phrases in a rental ad may be permissible?

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

Answer: B

Explanation:
UnderThe 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 onfamily 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 theFair Housing Act (FHA).
* Option B (Adults Only Building):Landlords cannot prohibit families with children from renting.
* Option D (All Couples Apartment Building):This discriminates againstsingle renters and violates fair housing laws.

NEW QUESTION # 30
A person is employed by a real estate owner to manage a multifamily residential property. Which of the following activities is the person permitted to perform without a real estate license?

A. Provide information on rental amounts and building rules and regulations.
B. Enter into leases on behalf of the owner.
C. Hold money belonging to tenants other than on behalf of the owner.
D. Negotiate terms and conditions of occupancy.

Answer: A

Explanation:
Under49 Pa. Code § 35.201 (Definitions), an unlicensed individual who is directly employed by a property owner can perform certain tasks, such as providing rental information and enforcing building rules, but they cannot engage in leasing or negotiation activities.
* Providing information on rental amounts and building rules is considered administrative and does not require a real estate license.
* However, negotiating leases, collecting rents on behalf of third parties, or holding security deposits in a non-owner-controlled account would require a real estate license.
Why the other answers are incorrect:
* Option B (Entering into Leases):Only a licensed real estate broker or a supervised salesperson can legally execute lease agreements on behalf of a landlord.
* Option C (Negotiating Terms):Negotiating lease terms is an activity that requires a real estate license.
* Option D (Holding Tenant Funds Independently):Handling tenant funds outside of the owner's direct control is a brokerage activity and requires a real estate license.
Reference:
49 Pa. Code § 35.201- Definitions

NEW QUESTION # 31
The Real Estate Commission is empowered to take action against a licensee who is found to have engaged in any of the following activities EXCEPT:

A. Failing to provide information requested by the Pennsylvania Real Estate Commission in response to a complaint about the licensee engaging in prohibited acts.
B. Failing to include the salesperson's name in all advertising.
C. Making any substantial misrepresentation.
D. Failing to furnish a copy of a listing contract to an owner after taking a listing.

Answer: B

Explanation:
Under49 Pa. Code § 35.305 (Business Name on Advertisements),advertisements must include the broker' s name but are not required to include the salesperson's name.
* While a salesperson's name may appear in an ad, it is not a required element under Pennsylvania law.
* However, failing to disclose key information in an ad, such as the broker's name, could result in disciplinary action.
Why the other answers are incorrect:
* Option A (Misrepresentation):Misrepresentation is a serious offense and can lead to suspension or revocation.
* Option B (Failing to Provide Listing Contract):Acopy of the listing contract must be furnished to the seller at the time of signing.
* Option D (Failing to Provide Information to the Commission):Failure to respond to an investigation can result in fines, suspension, or revocation.
Reference:
49 Pa. Code § 35.305- Business Name on Advertisements
63 P.S. § 455.303- Prohibited Acts by Licensees

NEW QUESTION # 32
Which entities are authorized to investigate charges against real estate licensees concerning illegal discrimination in the sale or rental of housing?

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

Answer: C

Explanation:
Both thePennsylvania Real Estate Commission (PREC)and thePennsylvania Human Relations Commission (PHRC)haveauthority to investigate illegal discriminationin real estate transactions.
* The Pennsylvania Human Relations Commission (PHRC)is responsible for enforcingthe 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 againstlicensed real estate professionalswho violate fair housing laws, including violations of theReal Estate Licensing and Registration Act (RELRA).
Why the other answers are incorrect:
* Option A (Pennsylvania State Legislature and PREC):The Legislaturemakes lawsbutdoes not enforcethem or conduct investigations.
* Option B (PREC and Better Business Bureau):TheBetter Business Bureau (BBB) is a private organizationand doesnot have legal enforcement authority.
* Option C (PHRC and Legislature):The Legislature doesnot investigate complaints, but the PHRC does.

NEW QUESTION # 33
If clients have questions regarding the sale of their home beyond the licensee's expertise, what MUST the salesperson do?

A. Ask their associate broker and advise the clients of the answer.
B. Advise the clients to seek expert advice.
C. Advise the clients to seek another salesperson to represent them in the transaction.
D. Seek legal representation for the clients.

Answer: B

NEW QUESTION # 34
An exclusive listing MUST be in writing and it MUST:

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

Answer: C

Explanation:
Allexclusive listing agreements in Pennsylvania MUST specify their duration in writing.
* 49 Pa. Code § 35.332 (Exclusive Listing Agreements)states thatall exclusive listings must have a definite start and end date.
* Listings without an expiration date are considered illegaland 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 provisionsare not a required part of a listing agreement.
* Option C (Signed by Cooperating Broker):A cooperating broker's signatureis not required. Only the listing broker and seller need to sign the agreement.

NEW QUESTION # 35
The Commission, after obtaining the facts of a verified complaint against a licensee, holding a hearing, and finding that licensee guilty, may:

A. Levy a fine of $2,000 - $5,000 if this is the licensee's first offense.
B. Suspend or revoke a license and/or levy a fine of $1,000 or less.
C. Imprison a licensee for no more than 90 days.
D. Make the licensee take up to 20 hours of ethics training.

Answer: B

Explanation:
Under63 P.S. § 455.305 (Civil Penalty Provisions),the Pennsylvania Real Estate Commission has the authority to suspend or revoke a license and impose fines of up to $1,000 per violation.
* The Commission can impose fines but does not have authority over criminal penalties such as imprisonment.
* Suspension or revocation is a common penalty for severe violations, including fraud, misrepresentation, or mismanagement of client funds.
Why the other answers are incorrect:
* Option A ($2,000 - $5,000 Fine):The fine limit for first offenses is typically $1,000 per violation.
* Option C (20 Hours of Ethics Training):Training may be recommended but is not an official penalty imposed by the Commission.
* Option D (90-Day Imprisonment):The Commission does not have authority to impose jail sentences.

NEW QUESTION # 36
A real estate ad in a newspaper placed by a salesperson MUST include the:

A. Legal description of the property.
B. Name of the principal.
C. Employing broker's name and phone number.
D. Municipality in which the property is located.

Answer: C

Explanation:
Under49 Pa. Code § 35.305 (Business Name on Advertisements),any advertisement placed by a real estate salesperson must include the name and phone number of their employing broker.
* This ensures that the public knows which brokerage is responsible for the property listing and avoids misleading or unverified advertisements.
* A salesperson cannot advertise properties without clearly identifying their broker to ensure compliance with advertising regulations.
Why the other answers are incorrect:
* Option A (Municipality):While useful,this is not required in every ad.
* Option B (Legal Description):A legal property descriptionis not requiredfor advertisements.
* Option D (Name of the Principal):The seller's name does not need to be included in advertisements.

NEW QUESTION # 37
Which of the following is a REQUIRED general duty of a licensee?

A. Accept liability and responsibility for acts of the consumer.
B. Independently verify the accuracy of any representation on a property condition disclosure statement.
C. Conduct an independent inspection of the property.
D. Provide assistance with document preparation.

Answer: B

Explanation:
Under68 Pa. C.S. §§ 7301-7314 (Real Estate Seller Disclosure Law),a licensee has a duty to ensure that the property condition disclosure statement is complete and accurate as provided by the seller.
* While the licensee does not conduct a formal property inspection, they must not ignore material defects that are apparent or known to them.
* If a licensee knows of an issue that contradicts the seller's disclosure, they must disclose this to the buyer to prevent misrepresentation.
* This protects consumers from fraudulent or misleading property conditions.
Why the other answers are incorrect:
* Option A (Independent Inspection):A licensee is not a home inspectorand is not required to perform a physical inspection.
* Option C (Accept Consumer Liability):A licenseeis not responsible for actions taken by a buyer or seller.
* Option D (Document Preparation Assistance):A licenseecan help explain documents but cannot prepare legal contracts without an attorney.
Reference:
68 Pa. C.S. §§ 7301-7314- Real Estate Seller Disclosure Law

NEW QUESTION # 38
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Get Prepared for Your RePA_Sales_S Exam With Actual 52 Questions [Q18-Q38]

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