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A comprehensive overview of key concepts in pennsylvania real estate law, presented in a question-and-answer format. It covers topics such as zoning, impact fees, construction codes, easements, property ownership, mortgages, and landlord-tenant relationships. Ideal for students preparing for the pennsylvania real estate licensing exam or professionals seeking to refresh their knowledge of real estate law.
Typology: Exams
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"The governing body of a municipality is responsible for enacting the comprehensive plan, zoning, and subdivision ordinances in accordance with procedures in the Pennsylvania Municipalities Planning Code. They may appoint a planning commission to be responsible for formulating the recommended plans and ordinances. Public hearings must be held prior to their enactment by
"Charges permitted by the Pennsylvania Municipalities Planning Code to help defray the cost of
"Went into effect in July 2004, as prescribed by the Pennsylvania Construction Code Act that was passed in 1999. *In addition to satisfying the purpose of construction codes, the act encourages the use of state-of-the-art construction methods and systems and eliminates existing codes that
Code (UCC)" "Passed by the Department of Environmental Protection *Gives notice to prospective buyers that if a property is not serviced by a public sewage system and no community sewage system is
Pennsylvania Sewage Facilities Act in 1994" "Created when the person claiming the easement has made use of another's land for 21 years in PA. The claimant's use must have been continuous, exclusive, and without the owner's approval. Through the principle of tacking (discussed in Unit 5), successive periods of adverse possession by different adverse possessors can be combined so that a person who is not in possession for the entire statutory time may establish a claim.The use must be visible, open, and notorious, that is, the owner must have been able to learn of it. The claimant is entitled to assert a right to use the property and cannot claim ownership. Prescriptive easements cannot usually be acquired on
"True or False The statute of frauds in Pennsylvania requires contracts for more than two years
duration are required to be in writing. However a written agreement can be used for any period of time."
"The theory of this warranty is that the lessor who leases residential premises warrants that the premises shall be fit for habitation. If the tenant proves that the premises are not fit for
"Under common law, a partnership is not a legal entity and technically cannot own real estate. Individual partners must hold title as tenants in common or joint tenants. However, in states that have adopted the Uniform Partnership Act, including Pennsylvania, a partnership is recognized as a legal entity and can hold title in the partnership's name. Similarly, under the Uniform Limited Partnership Act, a limited partnership is recognized as a legal entity that can hold title to property in the limited partnership's name. Profits and losses are passed through the partnership to each
Partnerships"
contain an accurate description of the real estate conveyed. Land is considered adequately described if a competent surveyor can locate the property using the description. In Pennsylvania, a metes-and-bounds and/or a lot-and-block description would be used." "Evidence that title is, in fact, marketable. Customarily, in Pennsylvania, a certificate of title or
"Mortgage bankers and mortgage brokers must be licensed and conduct business in accordance
issues these licenses and governs the licensees' activities, with the State Real Estate Commission also having certain limited authority when these individuals are licensed real estate brokers and salespersons as well." "A borrower may cure the default of a residential mortgage loan with an outstanding balance of $50,000 or less by merely bringing the payments up to date. If some person other than the mortgagor redeems the real estate, the borrower becomes responsible to that person for the
be a high school graduate or equivalent. have completed 240 hours (16 credits) of real estate instruction as prescribed by the Commission within ten years of the date of passing both portions of the licensing examination; instruction required for the salesperson license does not qualify for broker licensure.
security deposit cannot exceed a sum equivalent to two months' rent 2nd Year-the amount drops to a sum equivalent to one month's rent During years 2-5-the landlord may increase the amount of security deposit, following the same monthly equivalency formula, to keep pace with increasing rents After 5 years- the landlord cannot increase the amount of security deposit." "Pennsylvania law permits a landlord to purchase a guarantee, or surety, bond to guarantee the return of a security deposit to the tenant. The landlord may exercise this option in lieu of escrowing a security deposit in a financial institution. The landlord must return the amount of the bond (including any interest) less the cost of any necessary repairs to the tenant at the end of the
"Tenants in certain situations must be given an explanation of rights informing them of the
"In Pennsylvania, only a memorandum of lease is filed. A memorandum of lease gives notice of the interest but does not disclose the terms of the lease to the public. Only the names of the
"Contains remedies for landlords if a lease is in default and rules of civil procedures for district
"Prohibits unfair practices in the conduct of commerce, also provides remedies for tenants of
"Race, color, religion, national origin, sex, age (40 years old or older), handicap, use of guide or support animals due to a handicap or disability, or familial status, are all protected under what
Pennsylvania Human Relations Act"
Tenents or Tenents in Common, if married as Tenants in the Entireties. In addition, corporations and partnerships can hold title, and title can be held in trust" "When two or more new owners acquire title to a parcel of real estate and the deed does not stipulate the tenancy, they acquire title, by operation or rule of law, as tenants in common. But if
the conveyance is made to a husband and wife with no further explanation, in Pennsylvania a
"A special form of joint tenancy between husband and wife that is recognized in Pennsylvania.
the Entirety" "For Pennsylvania taxes, however, an LLC is treated as a corporation but may be considered an S
Limited Liability Companies" "The state law adopted from the national model act that governs the development and operation of condominiums. The law also provides for certain disclosures to purchasers of condominium
"Must be given to prospects at least 15 days before a sales contract is signed. Must detail 22 caterogies of info. i.e, bylaws, R&R, projected budgets, leins or encumbrences on the bldg, etc. If a purchaser is not provided the statement within the prescribed timeframe they may cancel the contract within 15 days of receipt w/out penalty & recover an amount of 5% of the units price up
Statement" "The Pennsylvania Real Estate Licensing and Registration Act, requires licensure for a time-share
Interests" "Pennsylvania law requires counties and municipal governments to adopt budgets and set tax rates on a January-to-December calendar year. Most school districts in Pennsylvania, however,
"A contractor or subcontractor can file a claim with the court of common pleas in the county in which the property is located. This must be done within six months after the work is completed. If the claim is successful, the mechanic's lien takes priority as of the date on which the first "visible construction" begins when an improvement is erected or constructed or as of the date the claim is filed when an existing improvement is altered or repaired. A claimant must take steps to enforce the lien within two years of the date the claim is filed. Enforcement is a court action to
"The Pennsylvania State Real Estate Commission's Rules and Regulations require that a real estate broker representing a party to a transaction must ensure that all contracts are in writing.
"State law limits the time within which parties to a contract may bring legal suit to enforce their rights. In Pennsylvania, it is four years from the date the contract is breached. Any rights that are
Limitations"
one-year imprisonment and a $2,500 fine. Also, the State Real Estate Commission can take disciplinary action against licensees who provide legal advice, resulting in a fine, or the suspension or revocation of a license. Finally, a party who is injured by the advice can file a lawsuit, which can result in an award of monetary damages against the individual who provided that advice."
protect consumers from making contracts they do not understand by promoting the use of plain language. Agreements that must be written in plain language include contracts in which a consumer -borrows money; buys, leases, or rents personal property or real property; and -engages services for cash or on credit for personal, family, or household purposes. Any creditor, lessor, or seller who does not comply with the tests of readability (as defined by the law) is liable to the consumer for any loss caused by the violation, statutory damages of up to $100, court costs, and attorney fees" "Give legal effect to agreements bargained for electronically, as long as they meet all other
of title theory but, like the principles of lien theory, requires that the mortgagee foreclose to obtain legal title."
on mortgage loans insured or guaranteed by the federal government. In addition, Pennsylvania law does not permit prepayment penalties on residential mortgage loans when the principal
amount is $50,000 or less. Otherwise, lenders can include in the note whatever penalty conditions they choose" "This program was created during the early 1980s when workers faced the loss of their homes after losing their jobs in the demise of the steel industry. The program provides counseling and loans to help people pay delinquent mortgage loans. In some cases, people may qualify for
Emergency Assistance Program (HEMAP)." "If it appears from evidence at a hearing that the employing broker had actual knowledge of a violation or permitted a course of dealing that violates the law, the Commission may suspend or
broker" "This allows the property to be sold by court order after the mortgagee has given sufficient public
mortgagee takes the real estate subject to all junior liens." "Established 2/19/1980, The Pennsylvania law that protects the public interest by governing real
Registration" "The agency established by the Pennsylvania Real Estate Licensing and Registration Act to
Estate Commission" "The five commissioners licensed as brokers shall have been engaged in the real estate business
"The Commission conducts regularly scheduled business meetings that, under the state _______
"The Commission is also required to hold _________ to solicit suggestions, comments, and objections about real estate practices from members of the public. These meetings are held each
employee of a builder-owner of single-family and multifamily dwellings and who performs one or more of the following activities: -Lists for sale, sells, or offers for sale real estate of the builder-owner -Negotiates the sale or exchange of real estate of the builder-owner -Leases or rents real estate of the builder-owner -Collects or offers or attempts to collect rent for the real estate of the builder-owner"
employed by the builder-owner (who is not licensed), -complete a written examination prior to licensure. -There is no education requirement"
business that collects rental information for the purpose of referring tenants to rental units or locations. The applicant must satisfy licensing requirements that are essentially the same as for a salesperson licensee; however, the rental listing referral agent is not affiliated with a broker."
employee or independent contractor, sells campground memberships under the supervision of a broker. The applicant must be at least 18 years of age, complete 15 hours of instruction in specific topics, and complete not less than 30 days of on-site training at a campground membership facility prior to licensure. The broker is responsible for further training and supervising the licensee. Licensed salespersons, brokers, and time-share salespersons do not need a separate license to sell campground memberships."
independent contractor, sells time-shares under the supervision of a broker. A time-share salesperson must be at least 18 years of age, complete 30 hours of instruction in specific topics, and complete not less than 30 days of on-site training at a time-share facility prior to licensure. The broker is responsible for further training and supervising the licensee. Licensed salespersons and brokers do not need a separate license to sell time-shares."
activity is a summary offense and involves payment of a fine not to exceed $500 and/or imprisonment not to exceed three months. A second or subsequent offense is a felony of the third degree and involves payment of a fine between $2,000 to $5,000 and/or imprisonment for one to two years."
currently begins June 1 and ends the last day of May in each even-numbered year (a two-year
license period). When a license is first issued, it expires on the last day of May of the current license period. A license is considered active once the license is issued and remains properly renewed."
required to satisfy a 14-hour continuing education requirement during each two-year period in order to renew the license. Licensees are required to keep documentation of approved coursework they have completed during the license period to satisfy the renewal requirement. The licensee may, however, be requested to provide documentation as evidence of completion of the continuing education requirement as part of a post-renewal audit program instituted with the 2008 renewal period"
license, sometimes referred to as putting a license in "escrow," or when an individual fails to properly renew a license."
fees within five years of the date the license became inactive. Brokers and salespersons must obtain 14 hours of continuing education before they can reactivate a license. An individual who does not reactivate a license within five years must retake the appropriate examination in order to be issued a license." "If a broker or cemetery broker intends to maintain more than one place of business, the licensee
removed from the location designated in the license, all licensees working at that location shall make application to the commission designating the new location of the office. This application must be filed before the removal or within ten days thereafter When a licensee changes employment from one broker to another, the licensee shall notify the commission no later than ten days after the intended date of change, return the current license, and pay the required fee. The applicant is responsible for notifying the commission if the new license is not received within 30 days."
and/or the Regulations is received, the Bureau of Professional and Occupational Affairs conducts an investigation to determine if a violation has occurred. After the accused is given the
relationship, the signed acknowledgment portion of the Consumer Notice that was provided must be retained for six months"
escrow by the end of the next business day following receipt. In the case of multiple office firms, the deadline applies to receipt by the office out of which the account is administered. If the money has been tendered in the form of a check when an offer to purchase or lease is made, the broker may, with written permission from both the buyer and the seller, refrain from depositing the money pending acceptance of the offer. In this case, the broker must deposit the funds within one business day following acceptance of the offer."
property may not accept commission, rebate, or profit on expenditures made for the lessor without the owner's written consent"
advertisements for the solicitation or sale of real estate that employ lotteries or contests or that offer prizes, certificates, gifts, or free lots shall contain -a description of each prize, certificate, gift, or lot offered; -the prerequisites for receiving the awards; -the limitation on the number of awards; -the fair market value (not suggested retail value) of each award; and -the odds of winning or receiving the award. The Commission requires that disclosures be made if there is a possibility that a particular award is not available and prohibits advertising an award that is not available for distribution. The description of an award cannot be misleading, and a statement of value and odds shall be printed in a clear and conspicuous manner. If the prizewinner must pay any fees, such as dealer preparation, shipping, handling, or insurance, these must be disclosed."
advertising by a broker about "sales volume" or "production" shall refer only to closed transactions An advertisement by a broker about production or position in the "market" shall identify the municipality that the market comprises. An advertisement about the number of offices that the broker operates shall refer only to offices that have been issued branch office licenses."
estate transactions of a promotional nature in PA, regardless of whether the property is located
within or outside PA, shall first register with the Commission. "Promotional real estate" is an interest in property that is part of a promotional plan that offers real estate through advertising by mail, newspaper, or periodical, or by radio, television, telephone, or other electronic means. Promotional real estate does not involve fewer than 50 lots or shares or land areas of less than 25 acres. The registration is not required if the promotional property is already registered with the Department of Housing and Urban Development under the Interstate Land Sales Full Disclosure Act." "The governing body of a municipality is responsible for enacting the comprehensive plan, zoning, and subdivision ordinances in accordance with procedures in the Pennsylvania Municipalities Planning Code. They may appoint a planning commission to be responsible for formulating the recommended plans and ordinances. Public hearings must be held prior to their enactment by
"Charges permitted by the Pennsylvania Municipalities Planning Code to help defray the cost of
"Went into effect in July 2004, as prescribed by the Pennsylvania Construction Code Act that was passed in 1999. *In addition to satisfying the purpose of construction codes, the act encourages the use of state-of-the-art construction methods and systems and eliminates existing codes that
Code (UCC)" "Passed by the Department of Environmental Protection *Gives notice to prospective buyers that if a property is not serviced by a public sewage system and no community sewage system is
Pennsylvania Sewage Facilities Act in 1994" "Created when the person claiming the easement has made use of another's land for 21 years in PA. The claimant's use must have been continuous, exclusive, and without the owner's approval. Through the principle of tacking (discussed in Unit 5), successive periods of adverse possession by different adverse possessors can be combined so that a person who is not in possession for the entire statutory time may establish a claim.The use must be visible, open, and notorious, that is, the owner must have been able to learn of it. The claimant is entitled to assert a right to use the property and cannot claim ownership. Prescriptive easements cannot usually be acquired on
"True or False The statute of frauds in Pennsylvania requires contracts for more than two years
have completed 240 hours (16 credits) of real estate instruction as prescribed by the Commission within ten years of the date of passing both portions of the licensing examination; instruction required for the salesperson license does not qualify for broker licensure. have been engaged as a licensed real estate salesperson for at least three years or have experience and/or education that the Commission considers equivalent. pass both portions of a written examination within three years of the date of the license application."