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PA RE Fundamentals_ Unit 13 PA RE Licensing Law (1)
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PA RE Fundamentals_ Unit 13 PA RE Licensing Law (1)
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PA RE Fundamentals: Unit 13 PA RE Licensing LawARELLO Association of Real Estate License Law Officials - ANS-ARELLO Promotes uniform
policies & stds for admin & enforcing state license laws.
RERLA Real Estate Licensing & Registration Act, 1980 - ANS-The Penns statutory law that
protects the public interest by governing RE practices & the activities of licensees. Enacted by
STATE LEGISLATURE and signed into law by GOVERNOR; can only be amended by state
legislature
Real Estate Commission (The Commiss) - ANS-The STATE government agency responsible for
creating & publishing R&R necessary to administer the RELRA
State Real Estate Commission - ANS-The Agency established by the Pennsylvania RELRA to
administer this law & supervise the activities of licensees.
R&R Rules & Regulations - ANS-RE licensing authority ORDERS that govern licensees'
activities; they usually have the same force & effect as statutory law
The Commiss Disciplinary Action - ANS-BPOA conducts investigations. Commiss suspends or
revokes license or registration certs. Conducts hearings. Levies fines up to $1,000
Prima Facie Evidence - ANS-Documented proof of a course of dealing shown to have been
followed by a salesperson, assoc broker or other employee of a broker which can be used to
impute knowledge to the employing broker.
Sect 702, Disiplinary Action - ANS-Sect 702, limits the disciplinary action that may be taken
against an employing broker when disciplinary action is taken against a licensee employed by
that broker. 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 commis
may SUSPEND or REVOKE the employing brokers' license or levy a fine. Or if these factors do
not exist, the Commiss may find that the broker failed to properly supervise the licensee & take
a lesser disciplinary action.
Act 48, 1993 - ANS-A law authorizing the Bureau of Professional & Occupational Affairs BPOA
to adopt a schedule of civil penalties to be imposed for lesser violations of RELRA & Commiss
R&R w/o going thru formal processes
Charging Unit, 2006 - ANS-Created by BPOA to provide better, timelier & more effective
processing of complaints. Makes prosecutorial decisions, including negotiated consent
agreements & recommendations for formal actions by prosecutors & decisions to dismiss
complaints
, PHRA Penns Human Relations Act - ANS-Prohibiting certain practices of discrimination
because of race, color, religious creed, ancestry, age or national origin by employers,
employment agencies, labor organizations and others as herein defined; creating the
Pennsylvania Human Relations Commission in the Governor's Office; defining its functions,
powers and duties; providing for procedure and enforcement; providing for formulation of an
educational program to prevent prejudice; providing for judicial review and enforcement and
imposing penalties defining "advertisement" and "advertiser"; and providing for certain forms of
advertisement, for limitations and for civil penalties.
PHRC Penns Human Relations Commission - ANS-The STATE government agency primarily
responsible for investigating & taking action regarding alleged acts of DISCRIMINATION in RE
transactions
Posting Suspension Notices - ANS-Sect 35.291 states that a broker or cemetery broker whose
license is *SUSPENDED* MUST RETURN THE LICENSE to the Commiss & prominently POST
a "Notice" at the public entrance of the MAIN OFFICE and ANY BRANCH OFFICES. Failure to
post is grounds for more further disiplinary action.
Relicensure after Revocation - ANS-Sect 501; 35.251 A revocation of a license lasts for *at least
5 yrs* from the date revocation begins. Afterwards, may petition the Commiss for
RELICENSURE. If authorized, the individual shall comply w/prevailing, currrent licensing
req'mts b4 license is issued.
Revocation - ANS-Disciplinary action taken against a licensee which requires a MIN. time-frame
of 5-YRS before a licensee may petition the Commiss for re-licensure
Practicing Without A License - ANS-Sect 305, In addition to other remedies or criminal penalties
permitted, the Commiss may levy a CIVIL PENALTY of up to $1,000 against any current
licensee who violates the Act or any person who practices RE w/o being properly licensed.
Real Estate Recovery Fund - ANS-A source of compensation for an aggrieved person (not a
spouse or rep of spouse), who obtains a final judgement (including appeals) from a court, after
all reasonable remedies have been exhausted, against a licensee upon grounds of fraud,
misrepresentation or deceit, within 1-YR of termination of proceedings.
Real Estate Recovery Fund Max - ANS-Max amt payable from fund: $20k per claim; $100k per
license
Real Estate Recovery Fund Monies - ANS-Monies for fund are collected from licensees at
renewal $10; Fees are paid into the state treasury & allocated exclusively for fund. Monies are
invested, & interest & dividends accrue. Commiss may assess add'l fee if fund drops to $300k
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