(a) An
individual who wants to take the broker's examination for a standard broker's
license shall:
(1) Be 21 years of age or
older.
(2) Be a high school
graduate or have passed a high school general education equivalency
examination.
(3) Have worked at
least 3 years as a licensed salesperson, with experience qualifications that
the Commission considers adequate for practice as a broker, or possess at least
3 years of other experience, education, or both, that the Commission considers
the equivalent of 3 years' experience as a licensed salesperson.
(4) Have acquired 16 credits, or 240 hours of
instruction, in professional real estate education as determined by the
Commission under subsection (b).
(5) Submit a completed examination
application to the Commission or its designee with:
(i) Official transcripts evidencing the
acquisition of course credits.
(ii)
A detailed resume of real estate activities performed by the candidate while
working as a salesperson and a sworn statement from the candidate's employing
broker confirming that these activities were performed if the candidate is a
licensed salesperson.
(iii) A
complete description of work experience and education that the candidate
considers relevant to the requirements of paragraph (3) if the candidate is not
a licensed salesperson.
(iv) A
certification from the real estate licensing authority of the jurisdiction in
which the candidate is licensed stating that the candidate had an active
license for each year that credits are claimed if the candidate is applying
brokerage experience to satisfy the professional education
requirement.
(v) The fee for review
of the candidate's qualifications to take the examination prescribed in §
35.203 (relating to fees) and the
fees for administration of the examination.
(b) The Commission will apply the following
standards in determining whether an examination candidate has met the education
requirement of subsection (a)(4):
(1) A
candidate who has obtained one of the following degrees will be deemed to have
met the education requirement and will not be required to show completion of
coursework in specific areas of study:
(i) A
bachelor's degree with a major in real estate from an accredited college as
defined in §
35.201 (relating to
definitions).
(ii) A bachelor's
degree from an accredited college as defined in §
35.201, having completed
coursework equivalent to a major in real estate.
(iii) A juris doctor degree from an
accredited law school.
(2) Candidates who have not obtained a degree
specified in paragraph (1) shall acquire 16 credits in professional real estate
education. Two of the required 16 credits shall be in a Commission-developed or
approved real estate office management course and 2 of the required 16 credits
shall be in a Commission-developed or approved law course. At least 6 of the
remaining 12 credits shall be in 3 or more of the Commission-developed courses
listed in this paragraph. The remaining 6 credits shall be in real estate
courses but not necessarily those listed in this paragraph. A candidate may not
apply credits used to qualify for the salesperson's examination toward
fulfillment of the broker education requirement.
(i) Real Estate Law.
(ii) Real Estate Finance.
(iii) Real Estate Investment.
(iv) Residential Property
Management.
(v) Nonresidential
Property Management.
(vi) Real
Estate Sales.
(vii) Residential
Construction.
(viii) Valuation of
Residential Property.
(ix)
Valuation of Income-Producing Property.
(3) To be counted toward the education
requirement, a real estate course shall have been offered by:
(i) An accredited college as defined in
§
35.201.
(ii) A real estate education provider who has
met the approval requirements in §
35.341 (relating to approval of
real estate education provider).
(iii) A real estate education provider
outside this Commonwealth that has been approved by the real estate licensing
authority of the jurisdiction where the real estate education provider is
located. The course transcript or certificate of completion must state that the
course is approved by the licensing authority of the jurisdiction where the
real estate education provider is located.
(4) A maximum of four credits will be allowed
for each real estate course. A maximum of four credits will be allowed for each
area of real estate study listed in paragraph (2).
(5) Courses shall have been completed within
10 years prior to the date of successful completion of the licensing
examination.
(6) Two credits will
be allowed for each year of active practice the candidate has had as a licensed
broker in another state during the 10-year period immediately preceding the
submission of the examination application.
(c) A reciprocal licensee who is converting
that license to a standard broker's license is exempt from subsection (a) and
is only required to pass the state portion of the examination.
Notes
The
provisions of this § 35.271 adopted February 24, 1989, effective
2/25/1989, 19 Pa.B. 781;
corrected July 14, 1989, effective 2/25/1989, 19 Pa.B. 3036; amended June 10,
1994, effective 6/11/1994, 24
Pa.B. 2904; amended November 17, 2000, effective
11/18/2000, 30 Pa.B. 5954;
corrected December 15, 2000, effective 12/16/2000, 30 Pa.B. 6429; amended September
3, 2004, effective 9/4/2004, 34
Pa.B. 4883; amended December 10, 2004, effective
12/11/2004, 34 Pa.B. 6530;
amended August 19, 2005, effective 8/20/2005, 35 Pa.B. 4711; corrected September
16, 2005, effective 8/20/2005,
35 Pa.B. 5119; corrected March 17, 2012, effective
8/20/2005, 42 Pa.B. 1376;
amended December 21, 2012, effective 12/22/2012, 42 Pa.B.
7647.
The provisions of this § 35.271 issued under the
Real Estate Licensing and Registration Act (63 P. S. §§
455.101-455.902); amended under
sections 201, 404, 404.1, 501, 601, 602 and 604 of the Real Estate Licensing
Registration Act (63 P. S. §§
455.201,
455.404,
455.404a,
455.501,
455.601,
455.602 and
455.604); and section 812.1
of The Administrative Code of 1929 (71 P. S. §
279.3a).
This section cited in 49 Pa. Code §
35.222 (relating to licensure as
broker).