act-2006-0-125•Pennsylvania Act 2006-125 — REAL ESTATE LICENSING AND REGISTRATION ACT - DISCLOSURE AT INITIAL INTERVIEW AND DEFINING "COMMERCIAL PROPERTY"
Pennsylvania Act 2006-125 — REAL ESTATE LICENSING AND REGISTRATION ACT - DISCLOSURE AT INITIAL INTERVIEW AND DEFINING "COMMERCIAL PROPERTY"
act-2006-0-1252006 Pa. Act 125Law
Act text
REAL ESTATE LICENSING AND REGISTRATION ACT - DISCLOSURE AT INITIAL
INTERVIEW AND DEFINING "COMMERCIAL PROPERTY"
Act of Oct. 27, 2006, P.L. 1189, No. 125 Cl. 63
Session of 2006
No. 2006-125
HB 2631
AN ACT
Amending the act of February 19, 1980 (P.L.15, No.9), entitled
"An act establishing the State Real Estate Commission and
providing for the licensing of real estate brokers and
salesmen," defining "commercial property"; and further
providing for disclosure at initial interview.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 201 of the act of February 19, 1980
(P.L.15, No.9), known as the Real Estate Licensing and
Registration Act, is amended by adding a definition to read:
Section 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:
* * *
"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.
* * *
Section 2. Section 608(a) of the act, amended June 22, 2000
(P.L.371, No.47), is amended and the section is amended by
adding a subsection to read:
Section 608. Information to be given at initial interview.
(a) Except as set forth in subsections (b), (c), (d) [and],
(e) and (f), the commission shall establish rules or regulations
which shall set forth the manner and method of disclosure of
information to the prospective buyer/tenant or seller/landlord
during the initial interview. For the purposes of this section,
the initial interview is the first contact between a licensee
and a consumer of real estate-related services where a
substantive discussion about real estate needs occurs. Such
disclosure shall be provided on a form adopted by the commission
by regulation and shall include, but shall not be limited to:
(1) A disclosure of the relationships in which the
broker may engage with the consumer. The disclosure shall
describe the duties that the broker owes in each relationship
provided for in this act.
(2) A statement informing sellers and buyers of their
option to have an agency relationship with a broker, that an
agency relationship is not to be presumed and that it will
exist only as set forth in a written agreement between the
broker and consumer of real estate service acknowledged by
the consumer.
(3) A statement that a real estate consumer has the
right to enter into a negotiated agreement with the broker
limiting the activities or practices that the broker will
provide for on behalf of the consumer and that the fee and
services to be provided are to be determined by negotiations
between the consumer and the broker.
(4) A statement identifying any possibility that the
broker may provide services to another consumer who may be
party to the transaction and, if so, an explanation of the
duties the broker may owe the other party and whether the
broker may accept a fee for those services.
(5) A statement identifying any possibility that the
broker may designate one or more licensees affiliated with
the broker to represent the separate interest of the parties
to the transaction.
(6) A statement of the broker's policies regarding
cooperation with other brokers, including the sharing of
fees.
(7) A statement that a buyer's broker may be paid a fee
that is a percentage of the purchase price and the buyer's
broker, even if compensated by the listing broker, will
represent the interests of the buyer.
(8) A statement that the duration of the broker's
employment and the broker's fees are negotiable.
(9) The purpose of the Real Estate Recovery Fund and the
telephone number of the commission at which further
information about the fund may be obtained.
(10) A statement that the duration of the listing
agreement or contract and the broker's commission are
negotiable.
(11) A statement that any sales agreement must contain
the zoning classification of a property except in cases where
the property (or each parcel thereof, if subdividable) is
zoned solely or primarily to permit single-family dwellings.
* * *
(f) The disclosures required under subsections (a), (b) and
(c) do not apply in commercial property sale or lease
transactions unless the prospective buyer/tenant or
seller/landlord is an individual.
Section 3. This act shall take effect in 90 days.
APPROVED--The 27th day of October, A. D. 2006.
EDWARD G. RENDELL
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