§ 455.201. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: June 27, 2022
Effective: June 27, 2022
63 P.S. § 455.201
§ 455.201. Definitions
The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
“Agency relationship.” A relationship whereby the broker or licensees in the employ of the broker act as fiduciaries for a consumer of real estate services by the express authority of the consumer of real estate services.
“Associate broker.” A broker employed by another broker.
“Broker.” Any person who, for another and for a fee, commission or other valuable consideration:
(1) negotiates with or aids any person in locating or obtaining for purchase, lease or an acquisition of interest in any real estate;
(2) negotiates the listing, sale, purchase, exchange, lease, time share and similarly designated interests, financing or option for any real estate;
(3) manages any real estate;
(4) represents himself to be a real estate consultant, counsellor, agent or finder;
(5) undertakes to promote the sale, exchange, purchase or rental of real estate: Provided, however, That this provision shall not include any person whose main business is that of advertising, promotion or public relations;
(5.1) undertakes to perform a comparative market analysis; or
(6) attempts to perform any of the above acts.
“Broker price opinion.” An estimate prepared by a broker, associate broker or salesperson that details the probable selling price of a particular parcel of real property and provides a varying level of detail about the property's condition, market and neighborhood, and information on comparable sales, but does not include an automated valuation model as defined in section 1125(d) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Public Law 101-73, 12 U.S.C. 3354(d)).
“Builder-owner salesperson.” Any person who is a full-time employee of a builder-owner of single and multifamily dwellings located within the Commonwealth and as such employee shall be authorized and empowered to list for sale, sell or offer for sale, or to negotiate the sale or exchange of real estate, or to lease or rent, or offer to lease, rent or place for rent, any real estate owned by his builder-owner employer, or collect or offer, or attempt to collect, rent for the use of real estate owned by his builder-owner employer, for and on behalf of such builder-owner employer.
“Buyer agent.” Any licensee who has entered into an agency relationship with a consumer buyer of real estate.
“Campground membership.” An interest, other than in fee simple or by lease, which gives the purchaser the right to use a unit of real property for the purpose of locating a recreational vehicle, trailer, tent, tent trailer, pickup camper or other similar device on a periodic basis pursuant to a membership contract allocating use and occupancy rights between other similar users.
“Campground membership salesperson.” A person who either as an employee or an independent contractor sells or offers to sell campground memberships. Such person shall sell campground memberships under the active supervision of a broker. A person licensed as a broker, as a salesperson or as a time-share salesperson shall not be required to be licensed as a campground membership salesperson as a condition for selling or offering to sell campground memberships.
“Cemetery.” A place for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle, but the term does not include a private family cemetery.
“Cemetery broker.” Any person engaging in or carrying on the business or acting in the capacity of a broker within this Commonwealth exclusively within the limited field or branch of business which applies to cemetery lots, plots and mausoleum spaces or openings.
“Cemetery company.” Any person who offers or sells to the public the ownership, or the right to use, any cemetery lot.
“Cemetery salesperson.” Any person employed by a broker or cemetery broker to perform duties as defined herein under “cemetery broker.”
“Commercial property.” Any of the following:
(1) Any property, or portion thereof, which is used, occupied or is intended, arranged or designed to be used or occupied for the purpose of operating a business, an office, a manufacturing facility or any public accommodation. This paragraph does not include property which consists of less than five residential dwelling units.
(2) Any vacant land offered for sale or lease, or held, for the purpose of constructing or locating thereon a building, structure or facility, or portion thereof, which is intended, arranged or designed to be used or occupied for the purpose of operating a business, an office, a manufacturing facility or any public accommodation. This paragraph does not include vacant land suitable only for construction or location of less than five residential dwelling units.
“Commission.” The State Real Estate Commission.
“Commissioner.” Commissioner of Professional and Occupational Affairs.
“Comparative market analysis.” A written analysis, opinion or conclusion by a broker, associate broker or salesperson relating to the probable sale or rental price of a specified parcel of real property in an identified real estate market at a specified time, which is prepared for any of the following:
(1) An existing or potential seller, buyer, lessor or lessee of the parcel of real property.
(2) A person making decisions or performing due diligence related to the potential listing, offering, sale, option, lease or acquisition price of the parcel of real property.
“Consumer.” A person who is the recipient of any real estate service.
“Department.” The Department of State acting through the Commissioner of Professional and Occupational Affairs.
“Designated agent.” One or more licensees designated by the employing broker, with the consent of the principal, to act exclusively as an agent or as agents on behalf of the principal to the exclusion of all other licensees within the broker's employ.
“Disclosure.” Provision of all relevant facts, without reservation, ambiguity or distortion so as to enable a consumer to understand the options and weigh the risks and benefits in order to make a decision in his or her own best interest.
“Distance education.” Real estate instruction delivered in an independent or instructor-led asynchronous format during which the student and the instructor are separated by distance and time.
“Dual agent.” A licensee who acts as an agent for the buyer and seller, or lessee and landlord, in the same transaction.
“Employ, employed, employee, employment.” The use of the words employ, employed, employee or employment in this act shall apply to the relationship of independent contractor as well as to the relationship of employment, except as applied to builder-owner salespersons.
“License.” The term includes both a standard license and a reciprocal license.
“Licensee.” A person who holds a standard license or a reciprocal license.
“Listing broker.” A broker engaged as a seller's agent, dual agent or transaction licensee to market the property of a seller/landlord for sale or lease pursuant to a written agreement with the seller/landlord.
“Person.” Any individual, corporation, corporate fiduciary, partnership, association or other entity, foreign or domestic.
“Principal.” A consumer of real estate services who has entered into an agency relationship with a broker.
“Qualified association.” A corporation, limited liability partnership, limited partnership or limited liability company that:
(1) is incorporated or otherwise organized under the laws of this Commonwealth or another jurisdiction;
(2) does not hold a license under this act;
(3) does not hold itself out to the public as providing real estate services or real estate-related services; and
(4) is solely owned by licensees who are all affiliated with the same broker.
In case of the death of an owner of a qualified association, ownership may continue through the licensees' estate for a period not to exceed 18 months.
“Real estate.” Any interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold, whether the land is situated in this Commonwealth or elsewhere including leasehold interests and time share and similarly designated interests. A sale of a mobile home shall be deemed to be a transfer of an interest in real estate if accompanied by the assignment of the lease or sale of the land on which the mobile home is situated.
“Real estate service.” An act or acts requiring a real estate license.
“Reciprocal license.” A license issued under section 602(a) through (e).
“Rental listing referral agent.” Any person who owns or manages a business which collects rental information for the purpose of referring prospective tenants to rental units or locations of such units. The term “rental listing referral agent” shall not include any employee or official of any public housing authority created pursuant to State or Federal law.
“Salesperson.” Any person employed by a licensed real estate broker to perform comparative market analyses or to list for sale, sell or offer for sale, to buy or offer to buy or to negotiate the purchase or sale or exchange of real estate or to negotiate a loan on real estate or to lease or rent or offer to lease, rent or place for rent any real estate or collect or offer or attempt to collect rent for the use of real estate for or in behalf of such real estate broker. No person employed by a broker to perform duties other than those activities as defined herein under “broker” shall be required to be licensed as a salesperson.
“School.” Any person who conducts classes in real estate subjects but is not a college, university or institute of higher learning duly accredited by the Middle States Association of Colleges and Secondary Schools or equivalent accreditation.
“Seller agent.” Any licensee who has entered into an agency relationship with a seller of real estate.
“Short sale.” A sale of real property in which the seller's proceeds are less than the amount required to pay off all liens secured by the property.
“Standard license.” Any license issued under this act that is not a reciprocal license.
“Subagent.” A broker, not in the employ of the listing broker, who is engaged to act for, or cooperate with, the listing broker in selling property as an agent of the seller. A subagent is deemed to have an agency relationship with the seller.
“Time share.” The right, however evidenced or documented, to use or occupy one or more units on a periodic basis according to an arrangement allocating use and occupancy rights of that unit or those units between other similar users. As used in this definition, the term “unit” is a building or portion thereof permanently affixed to real property and designated for separate occupancy or a campground or portion thereof designated for separate occupancy. The phrase “time share” does not include campground membership.
“Time-share salesperson.” A person who either as an employee or independent contractor sells or offers to sell time shares. Such person shall sell time shares under the active supervision of a broker. A person licensed as a broker or as a salesperson shall not be required to be licensed as a time-share salesperson as a condition for selling or offering to sell time shares.
“Transaction licensee.” A licensed broker or salesperson who provides communication or document preparation services or performs acts described under the definition of “broker” or “salesperson” for which a license is required, without being an agent or advocate of the consumer.
Credits
1980, Feb. 19, P.L. 15, No. 9, § 201, imd. effective. Amended 1982, March 7, P.L. 158, No. 50, § 2, effective in 60 days; 1984, March 29, P.L. 162, No. 32, § 1, effective in 90 days; 1990, June 29, P.L. 246, No. 58, § 1, effective in 60 days; 1990, July 1, P.L. 304, No. 69, § 1, effective in 60 days. Affected 1996, July 2, P.L. 460, No. 71, effective in two years and 60 days. Amended 1998, Nov. 25, P.L. 908, No. 112, § 1, effective in one year; 2003, Dec. 30, P.L. 418, No. 58, § 1, effective March 1, 2004; 2006, Oct. 27, P.L. 1189, No. 125, § 1, effective in 90 days [Jan. 25, 2007]; 2009, July 6, P.L. 58, No. 14, § 1, effective in 60 days [Sept. 4, 2009]; 2018, June 29, P.L. 500, No. 75, § 1, effective in 60 days [Aug. 28, 2018]; 2022, June 27, P.L. 136, No. 25, § 1, imd. effective.
63 P.S. § 455.201, PA ST 63 P.S. § 455.201
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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