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NEW QUESTION # 30
Interest earned on an escrow account is:
Answer: D
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.
NEW QUESTION # 31
A licensee meets with a couple to discuss listing their home, and the couple ends the meeting by signing a listing agreement. State law REQUIRES that the couple receive a copy of the agreement:
Answer: D
Explanation:
Under49 Pa. Code § 35.331 (Written Agreements Generally),a copy of any written agreement (including listing agreements) must be provided to the parties at the time of signing.
* This rule ensures transparency and protects clients from unauthorized changes to agreements.
* Failure to provide an immediate copy is a violation of Pennsylvania real estate regulations.
Why the other answers are incorrect:
* Option B (Broker Signature First):Thebroker does not need to sign before providing a copy to the client.
* Option C (After Cancellation Period):There is no required waiting period before providing a copy.
* Option D (Within 5 Days):The law statesit must be immediate, not within 5 days.
NEW QUESTION # 32
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: D
Explanation:
UnderThe Fair Housing Act (42 U.S.C. § 3604)andThe 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 lawsbecause service animals are not "pets".
* Option C (No Pets Rule):A no-pets policydoes not applyto service animals.
* Option D (Federally Registered Service Animal):There is no federal registryfor service animals, so this is not a valid requirement.
NEW QUESTION # 33
The Commission, after obtaining the facts of a verified complaint against a licensee, holding a hearing, and finding that licensee guilty, may:
Answer: D
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 # 34
Which of the following is a REQUIRED general duty of a licensee?
Answer: A
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.
NEW QUESTION # 35
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