- State Real Estate Commission
- The Pennsylvania body that licenses and regulates real estate salespersons and brokers, within the BPOA under the Department of State; it administers RELRA.
- RELRA
- Pennsylvania's Real Estate Licensing and Registration Act (63 P.S. § 455.101 et seq.) — the state's primary real estate statute governing licensing, agency, escrow, and the Recovery Fund.
- 49 Pa. Code Chapter 35
- The Commission's administrative regulations implementing RELRA — licensing, escrow, the Consumer Notice, agency, recordkeeping, and conduct.
- BPOA
- The Bureau of Professional and Occupational Affairs within the Department of State that administratively houses the State Real Estate Commission.
- PA pre-license education (salesperson)
- 75 hours total — a 30-hour Real Estate Fundamentals course plus a 45-hour Real Estate Practice course at a Commission-approved school.
- Real Estate Fundamentals course
- The 30-hour Pennsylvania pre-license course covering basic real estate principles, required before licensure.
- Real Estate Practice course
- The 45-hour Pennsylvania pre-license course covering applied real estate practice, required before licensure.
- PA salesperson basic requirements
- At least 18 years old and a high school graduate or equivalent; no degree or long residency required for a salesperson.
- PA testing provider
- PSI administers the Pennsylvania real estate licensing examination.
- PA exam structure
- Two separately scored portions — an 80-question National (general) portion and a 30-question Pennsylvania State portion.
- PA exam passing score
- 75% on each portion, scored separately — 60 of 80 national and 23 of 30 state; you must pass both.
- Retaking one PA exam portion
- If you fail only one portion, you may retake just that part rather than the entire exam.
- PALS
- The Pennsylvania Licensing System — the online portal for applying for, renewing, and managing a real estate license.
- PA license renewal cycle
- A two-year (biennial) cycle that expires May 31 of each even-numbered year.
- PA continuing education (CE)
- 14 hours of Commission-approved continuing education each two-year renewal period for a standard licensee.
- Employing broker
- The licensed broker under whom a Pennsylvania salesperson must work; a salesperson cannot operate independently.
- Salesperson compensation in PA
- Commission flows from the client to the employing broker, who pays the salesperson; a salesperson may not be paid directly by a client.
- Salesperson broker transfer
- A salesperson's license is tied to the employing broker; a change of employer must be processed through the Commission before working for the new broker.
- Newly licensed salesperson independence
- A salesperson may never conduct real estate activity independently — only under a licensed employing broker.
- Consumer Notice
- The form a licensee must give a consumer at the initial interview (49 Pa. Code § 35.336) explaining the agency relationships under RELRA; it is not a contract.
- Initial interview
- The first contact where a substantive discussion about real estate occurs — when the Consumer Notice must be provided.
- Is agency presumed in PA?
- No — an agency relationship is never presumed; it must be established by an express written agreement.
- Transaction licensee
- A broker or salesperson who provides services without representing or being the agent of any party, while still owing honesty and accounting for money.
- Dual agent (PA)
- A licensee representing both buyer and seller in one transaction — permitted only with the written consent of both parties (49 Pa. Code § 35.314).
- Designated agency (PA)
- With the principal's consent, a broker designates one licensee for the seller and a different licensee in the same firm for the buyer (49 Pa. Code § 35.315).
- Dual agent confidentiality
- A dual agent may not disclose one party's confidential information to the other.
- Subagent duties (PA)
- A subagent owes the agency duties to the listing broker's principal (the seller), not to the buyer.
- Written agreement requirement
- Listing agreements and buyer agency agreements must be in writing under RELRA and the Commission's rules.
- Real Estate Seller Disclosure Law
- 68 Pa.C.S. § 7301 et seq. — requires a residential seller to disclose known material defects on a property disclosure statement.
- Seller disclosure delivery timing
- The signed property disclosure statement must be delivered to the buyer before the agreement of sale is signed (68 Pa.C.S. § 7304).
- Seller disclosure scope
- Generally applies to transfers of residential real property of one to four dwelling units, with statutory exceptions.
- Coal / mine-subsidence notice
- A statutory notice required in PA deeds where the coal estate is severed or the land lies in a bituminous mining area — the surface owner may not get subsidence damages.
- Escrow deposit deadline (PA)
- A broker must deposit money belonging to another into the escrow account by the end of the next business day after receipt (49 Pa. Code § 35.324).
- Who holds escrow money in PA?
- The broker, as a fiduciary/trustee; a salesperson must promptly turn deposits over to the employing broker.
- PA escrow account requirements
- In an insured institution, with the broker as trustee, allowing withdrawal without prior notice, used exclusively for escrow (49 Pa. Code § 35.325).
- Commingling
- Improperly mixing escrow/trust funds with the broker's own or business funds — a license-law violation.
- PA recordkeeping period
- A broker must retain transaction and escrow records for at least three years following consummation or termination.
- Real Estate Recovery Fund
- A PA fund (63 P.S. § 455.801) that reimburses consumers for an uncollectible judgment against a licensee for fraud, misrepresentation, or conversion.
- Recovery Fund claim cap
- The Fund pays no more than $20,000 for any single claim arising out of one transaction, regardless of the number of persons aggrieved.
- Recovery Fund and the license
- When the Fund pays on a licensee's behalf, that license is automatically suspended until repaid in full plus interest.
- Recovery Fund repayment interest
- 10% per year from the date the Fund made the payment.
- Recovery Fund prerequisites
- The consumer must first obtain a final court judgment and exhaust other remedies against the licensee.
- Grounds for discipline (PA)
- Fraud, misrepresentation, commingling, conversion of trust funds, and other RELRA violations are grounds for Commission discipline.
- PA disciplinary sanctions
- The Commission may suspend, revoke, or refuse a license, impose fines, and order other remedies.
- Effect of broker license loss
- If an employing broker's license is suspended or revoked, the salespersons under that broker generally cannot conduct activity until placed with another broker.
- PA realty transfer tax (state)
- 1% of the value of real estate transferred by deed.
- PA realty transfer tax (local)
- A local realty transfer tax is added (commonly another 1%, higher in Philadelphia and Pittsburgh).
- Transfer tax liability
- The grantor and grantee are jointly and severally liable, though they customarily split it by contract.
- PA Human Relations Act (PHRA)
- The state fair-housing law, enforced by the PA Human Relations Commission, adding protections such as age to the federal classes.
- PHRA extra protected class
- Age — and protection for a person with a disability who uses a guide or support animal — beyond the federal classes.
- Commission rate in PA
- Negotiable between the broker and the client; not set by law or the Commission; fixing rates with competitors violates antitrust law.
- Direct compensation rule
- A salesperson may not accept compensation for a transaction directly from anyone other than the employing broker.
- Broker's place of business
- Under RELRA, a broker must maintain a fixed office and conspicuously display the license.
- Unlicensed activity consequence
- Performing real estate activity for compensation without a license is a violation and the person cannot sue to collect a commission.
- Personal interest disclosure
- A licensee buying or selling for their own account must disclose their licensed status and personal interest to the other party.
- Duty regarding material defects
- Every PA licensee must disclose known material defects in a property to a buyer.
- Tenancy by the entireties (PA)
- A form of co-ownership for married couples with the right of survivorship and protection from one spouse's individual creditors.
- PA foreclosure type
- Judicial foreclosure — the lender must sue, get a court judgment, and the property is sold at a sheriff's sale.
- PA security instrument
- A mortgage (lien theory) — not a deed of trust; there is no non-judicial trustee's sale.
- Act 91 notice
- A statutory pre-foreclosure notice given to owner-occupants of residential property in Pennsylvania before foreclosure proceeds.
- Recorder of deeds (PA)
- The county office where deeds and mortgages are recorded to give constructive notice; transfer tax is paid at recording.
- Pennsylvania Association of Realtors (PAR)
- A private trade association — NOT the regulator; the State Real Estate Commission regulates licensees.
- Standard license vs. reciprocal
- A standard PA license has full CE; PA also offers reciprocal/standard categories with their own requirements.
- Broker license experience
- A PA broker applicant generally needs three years of experience as a licensed salesperson plus additional education (240 hours).
- Landlord and Tenant Act of 1951
- The Pennsylvania statute governing residential leases and the landlord-tenant relationship.
- Property management & escrow
- Rents and security deposits a broker holds for an owner are trust money subject to the escrow rules.
- Real property
- Land, everything permanently attached to it (improvements and fixtures), and the bundle of rights of ownership.
- Personal property (chattel)
- Movable property not permanently attached to land; transferred by a bill of sale, not a deed.
- Bundle of rights
- Possession, use (enjoyment), exclusion, disposition (transfer), and control.
- Fee simple absolute
- The most complete ownership — absolute, of unlimited duration, freely transferable by deed or will.
- Life estate
- An estate measured by someone's lifetime; the holder cannot will it, and it passes to the remainderman or reverts at death.
- Fixture
- Personal property attached to real property so as to become part of it and transfer with the land.
- MARIA test
- Method of attachment, Adaptability, Relationship of parties, Intention, Agreement — used to decide whether an item is a fixture.
- Emblements
- Annual crops a tenant farmer may harvest even after a lease ends; treated as personal property.
- Police power
- Government's authority to regulate land for health, safety, and welfare — zoning and codes, with no payment to the owner.
- Eminent domain
- Government's power to take private property for public use through condemnation, paying just compensation.
- Escheat
- Property reverts to the state when an owner dies with no will and no heirs.
- PETE
- The four government powers: Police power, Eminent domain, Taxation, Escheat — only eminent domain pays the owner.
- Easement
- A nonpossessory right to use another's land for a specific purpose, such as a driveway or utility line.
- Easement appurtenant
- An easement benefiting an adjacent parcel (the dominant tenement) that runs with the land.
- Encroachment
- An improvement that intrudes onto a neighbor's land, often revealed by a survey.
- Encumbrance
- Any claim, lien, charge, or right that limits an owner's title.
- Metes and bounds
- A legal description using distances and compass directions traced back to a point of beginning — common in Pennsylvania.
- Severalty
- Sole ownership by one person or entity.
- Tenancy in common
- Co-ownership with no survivorship; each owner holds a divisible, willable share.
- Joint tenancy
- Co-ownership with the right of survivorship; requires the four unities of time, title, interest, and possession.
- Right of survivorship
- On a co-owner's death, their share passes automatically to the surviving co-owners, not to heirs.
- Tenancy by the entireties
- Married-couple co-ownership in PA with survivorship and protection from one spouse's individual creditors.
- Four unities
- Time, Title, Interest, Possession — required to create a joint tenancy.
- Partition
- A legal action to divide co-owned property or force its sale among co-owners.
- General warranty deed
- The deed giving the most protection; the grantor warrants clear title against all defects, even pre-ownership ones.
- Special (limited) warranty deed
- Warrants only against defects arising during the grantor's ownership.
- Quitclaim deed
- Conveys whatever interest the grantor has, with no warranties; used to clear a cloud on title.
- Grantor / grantee
- Grantor conveys title; grantee receives it. Only the grantor signs the deed.
- Deed delivery and acceptance
- Title transfers when the grantor delivers the deed and the grantee accepts it — not merely on signing.
- Recording / constructive notice
- Recording a deed at the recorder of deeds gives constructive notice to the world and sets priority.
- Title insurance
- Protects the insured against loss from title defects that existed before the policy date.
- Marketable title
- Title reasonably free of defects and litigation that a buyer would accept.
- Cloud on title
- A claim or encumbrance that impairs marketable title until removed.
- Chain of title
- The recorded history of ownership of a parcel, traced through successive deeds.
- Market value
- The most probable price a property should bring in a competitive open market under fair conditions — an opinion.
- Market price
- The actual price a property sold for — may differ from market value.
- Appraisal
- An impartial, supported opinion of value by a licensed appraiser as of a specific date, under USPAP.
- Comparative market analysis (CMA)
- A licensee's value estimate from recent comparable sales — not a formal appraisal.
- Highest and best use
- The legal, possible, feasible, and most profitable use of a site — the basis of value.
- Sales comparison approach
- Value from recent sales of similar properties, adjusted for differences; best for homes.
- Cost approach
- Land value + cost to rebuild new − depreciation; best for new or special-use property.
- Income (capitalization) approach
- Value = net operating income ÷ capitalization rate; best for income-producing property.
- Net operating income (NOI)
- Effective gross income minus operating expenses, before any mortgage payment.
- Capitalization rate
- NOI ÷ value; a higher cap rate signals more risk and a lower value.
- Reconciliation
- Weighing the three approaches' indications into one final opinion of value — not averaging.
- Principle of substitution
- A buyer pays no more than the cost of an equally desirable substitute — underlies the sales comparison approach.
- Depreciation (appraisal)
- Loss in value from physical deterioration, functional obsolescence, or external obsolescence.
- Functional obsolescence
- Loss in value from outdated or poor design or features within the property.
- External obsolescence
- Loss in value from factors outside the property, such as a nearby nuisance.
- Appreciation
- An increase in a property's value over time.
- Assessed value
- The value a taxing authority assigns to property for calculating property tax.
- Contract
- A legally enforceable agreement between competent parties to do or refrain from a lawful act.
- Valid contract elements
- Mutual agreement (offer/acceptance), consideration, legal purpose, and competent parties.
- Statute of frauds
- Requires real estate sale contracts (and most leases over a year) to be in writing to be enforceable.
- Void contract
- Missing an essential element — it has no legal effect at all.
- Voidable contract
- Valid until a party with the right (e.g., a minor) chooses to rescind it.
- Bilateral contract
- Both parties promise to perform — like a signed agreement of sale.
- Unilateral contract
- One party performs in exchange for the other's act — like an open listing.
- Earnest money
- A buyer's good-faith deposit held in the broker's escrow account, usually applied to the price at closing.
- Contingency
- A condition (financing, inspection, appraisal) that must be met for a contract to become binding.
- Specific performance
- A court order requiring a defaulting seller to complete the sale, because land is unique.
- Liquidated damages
- An agreed amount (often the earnest money) the seller keeps if the buyer defaults.
- Listing agreement
- A contract employing a broker to find a buyer for an owner's property for compensation.
- Exclusive right-to-sell
- The listing broker earns the commission no matter who finds the buyer.
- Exclusive agency listing
- The broker earns the commission unless the owner sells it themselves.
- Open listing
- Only the broker who actually finds the buyer earns a commission.
- Agency
- A fiduciary relationship in which an agent represents a principal with third parties.
- Fiduciary duties (OLD CAR)
- Obedience, Loyalty, Disclosure, Confidentiality, Accounting, Reasonable care.
- Fair Housing Act (1968)
- Bans housing discrimination based on race, color, religion, national origin, sex, familial status, and disability.
- Seven federal protected classes
- Race, color, religion, national origin, sex, familial status, disability.
- Steering
- Illegally guiding buyers toward or away from areas based on a protected class.
- Blockbusting
- Inducing panic selling by claiming a protected class is moving into a neighborhood.
- Redlining
- A lender refusing to lend or insure in an area based on its makeup.
- Reasonable accommodation
- A change in rules or services so a person with a disability can use housing, such as allowing a service animal.
- Reasonable modification
- A physical change to a unit (at the tenant's expense) to accommodate a disability.
- PHRA protected addition
- Pennsylvania adds age (and guide/support-animal users) to the federal classes.
- ADA
- The Americans with Disabilities Act — requires public accommodations to be accessible.
- Antitrust in real estate
- Price-fixing commissions, group boycotts, and market allocation among competitors are illegal.
- Commission negotiability
- Commission rates are always negotiable between broker and client; never set by law.
- Trust/escrow funds
- Client money must be kept separate in escrow; commingling and conversion are violations.
- Conversion
- A broker's wrongful use of a client's trust funds for the broker's own purposes.
- Lease (lessor/lessee)
- A contract conveying the right to use property for a term in exchange for rent; lessor = landlord, lessee = tenant.
- Gross lease
- The tenant pays rent and the landlord pays the property's operating expenses.
- Net lease
- The tenant pays rent plus some or all property expenses (taxes, insurance, maintenance).
- Security deposit
- Money a landlord holds against tenant default or damage; trust money subject to escrow rules.
- Material fact
- A fact that would affect a reasonable buyer's decision or price; a known material defect must be disclosed.
- Latent defect
- A hidden defect not discoverable by ordinary inspection; a known latent defect must be disclosed.
- Patent defect
- An obvious defect a buyer could discover by ordinary inspection.
- Caveat emptor (limited)
- 'Let the buyer beware' — now limited by modern disclosure laws like PA's Seller Disclosure Law.
- PA property disclosure statement
- The form a residential seller uses to disclose known material defects, delivered before the agreement of sale is signed.
- Lead-based paint disclosure
- For pre-1978 housing: disclose known lead paint, give the EPA pamphlet, and allow a 10-day inspection window for sales.
- Title X (1992)
- The Residential Lead-Based Paint Hazard Reduction Act, source of the federal lead-paint disclosure rule.
- Radon
- An odorless radioactive soil gas common across much of Pennsylvania; can accumulate indoors.
- Asbestos
- A hazardous material in old insulation/flooring; remove or encapsulate to control fibers.
- Mold
- Grows in damp areas; may require disclosure and remediation.
- Underground storage tank (UST)
- A buried tank that can leak and contaminate soil and groundwater, creating cleanup liability.
- Coal/mine subsidence (PA)
- Where the coal estate is severed, a PA deed must carry a coal notice; the surface owner may not get subsidence damages.
- CERCLA / Superfund
- Federal law imposing liability for cleanup of hazardous-waste contamination.
- Wetlands
- Federally regulated areas where development is restricted to protect water resources.
- Mortgage (PA)
- Pennsylvania's security instrument: a lien on real property pledged for a loan, enforced by judicial foreclosure.
- Promissory note
- The borrower's written promise to repay the loan, separate from the mortgage.
- Judicial foreclosure (PA)
- Foreclosure through a lawsuit and court judgment, ending in a sheriff's sale.
- Lien theory
- Pennsylvania's approach: the lender holds a lien, and the borrower keeps title and possession.
- Conventional loan
- A loan not insured or guaranteed by the government; PMI usually required if LTV exceeds 80%.
- FHA loan
- A loan insured by the Federal Housing Administration, allowing lower down payments.
- VA loan
- A loan guaranteed by the Department of Veterans Affairs, often with no down payment.
- Loan-to-value ratio (LTV)
- Loan amount ÷ value (or price); higher LTV means more lender risk.
- Private mortgage insurance (PMI)
- Insurance protecting the lender on a conventional loan when LTV exceeds 80%.
- RESPA
- Requires settlement-cost disclosures and bans kickbacks on most federally related mortgage loans.
- TILA
- The Truth in Lending Act — requires disclosing the cost of credit, including the APR.
- Loan Estimate
- A RESPA/TILA disclosure of loan terms and costs, due within 3 business days of application.
- Closing Disclosure
- The final loan-cost disclosure the borrower must receive at least 3 business days before closing.
- Discount points
- Prepaid interest paid at closing to lower the loan's interest rate; one point = 1% of the loan.
- Amortization
- Gradual repayment of a loan through regular payments of principal and interest.
- Realty transfer tax (PA)
- 1% state plus a local tax; grantor and grantee are jointly and severally liable.
- Sheriff's sale
- The public sale of foreclosed property in Pennsylvania after a court judgment.
- Commission formula
- Commission = sale price × commission rate. A $300,000 sale at 6% = $18,000.
- Price for a target seller net
- Price = net ÷ (1 − commission rate). A $282,000 net at 6% = $282,000 ÷ 0.94 = $300,000.
- Commission split
- Split the total commission between brokerages, then between each brokerage and its agent, applying each percentage in turn.
- Area of a rectangle
- Area = length × width.
- Square feet to acres
- Divide square feet by 43,560 (1 acre = 43,560 sq ft).
- Section and township
- 1 section = 640 acres; 1 township = 36 sections (6 mi × 6 mi).
- Feet per mile
- 5,280 feet per mile — memorize; not provided at the test center.
- LTV calculation
- LTV = loan ÷ value. An 80% LTV on a $300,000 home is a $240,000 loan.
- Property tax (mills)
- Tax = assessed value × tax rate; 1 mill = $0.001, so an 18-mill rate = assessed value × 0.018.
- Income approach value
- Value = net operating income ÷ capitalization rate. NOI $90,000 at a 9% cap rate = $1,000,000.
- Proration (per diem)
- Daily amount = annual figure ÷ 360 or 365 (as the problem specifies), then × days owed.
- Profit / loss percent
- Percent change = (new − old) ÷ old. A rise from $200,000 to $250,000 is a 25% gain.
- Down payment
- Down payment = price − loan amount; e.g., $300,000 price with a $240,000 loan = $60,000 down.
- Points cost
- One discount point = 1% of the loan amount; 2 points on a $200,000 loan = $4,000.
- Net operating income
- NOI = effective gross income − operating expenses (before debt service).
- Transfer tax cost
- Multiply the sale price by the total transfer-tax rate; a 2% combined rate on $300,000 = $6,000.
- Square yards
- Divide square feet by 9 to convert to square yards.
- Interest (simple)
- Interest = principal × rate × time; $100,000 at 5% for 1 year = $5,000.