Section 35.371. General requirements

(a) A broker, developer or subdivider referred to in this subchapter as ‘‘applicant,’’ who proposes to engage in sales of a promotional nature in this Commonwealth of property located outside of this Commonwealth shall submit to the Commission, for its approval before doing so, full particulars regarding the property and proposed terms of sale, and they and their salesmen shall comply with rules and regulations, restrictions and conditions pertaining thereto as the Commission may impose. Expenses reasonably incurred by the Commission in investigating and inspecting the property and proposed sale thereof in this Commonwealth shall be borne by the applicant. No broker, developer or salesman may refer to the Commission or to an official or employe of the Commission in selling, offering for sale or advertising, or otherwise promoting the sale, mortgage or lease of the property, nor make representation that the property has been inspected or approved or otherwise passed upon by the Commission, or by a State official, department or employe.

(b) An applicant approved to engage in sales set forth in this chapter shall notify the Commission at least 10 days in advance of the date, time and place of efforts to sell or advertise through parties or reception or other group media.

The provisions of this § 35.371 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781.

Notation

Authority

The provisions of this § 35.371 issued under the Real Estate Licensing and Registration Act (63 P. S. § § 455.101—455.902).

Notes of Decisions

The possession of a salesperson’s license for 3 or more years does not automatically qualify a person to sit for a broker’s examination. Bhala v. State Real Estate Commission, 617 A.2d 841 (Pa. Cmwlth. 1992).