Section 35.226. Licensure as builder-owner salesperson

(a) An individual who wants to obtain a standard builder-owner salesperson’s license shall comply with § 35.221 (relating to general requirements) and:

(1) Have scored a passing grade on each part of the salesperson’s licensing examination within 3 years prior to submission of a properly completed license application except that an applicant who has been actively licensed as a broker, salesperson or builder-owner salesperson by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See § 35.274 (relating to examination for builder-owner salesperson’s license).

(2) Submit a completed license application to the Commission with a sworn statement from a builder-owner:

(i) Attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence.

(ii) Certifying that he:

(A) Is a builder-owner of single or multifamily dwellings.

(B) Employs the applicant.

(b) An individual who wants to obtain a reciprocal license as a builder-owner salesperson shall comply with § 35.221 and:

(1) Possess a current builder-owner salesperson license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.

(2) Submit a certification from the real estate licensing authority of the other state:

(i) Confirming that the applicant’s license is active and in good standing.

(ii) Describing any past disciplinary action taken by the licensing authority against the applicant.

(iii) Listing the applicant’s office address and the name of the applicant’s employing broker.

(3) Submit a completed license application to the Commission with a verified statement that:

(i) To the applicant’s knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either this Commonwealth or another state.

(ii) The applicant has reviewed, is familiar with and agrees to be bound by the act and this chapter.

(iii) The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.

(4) Submit a sworn statement from the builder-owner with whom the applicant will be affiliated:

(i) Attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence.

(ii) Certifying that the builder-owner is a builder-owner of single or multifamily dwellings and employs the applicant.

The provisions of this § 35.226 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (308327) to (308328).

Notation

Authority

The provisions of this § 35.226 issued under the Real Estate Licensing and Registration Act (63 P. S. § § 455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § § 455.201, 455.501, 455.601, 455.602 and 455.604).