Current through Register Vol. 54, No. 45, November 9, 2024
Section 35.202 - Exclusions from the actThe following categories of individuals and entities are excluded from the act and this chapter:
(1) An owner of real estate with respect to property owned or leased by the owner. In the case of a corporation or partnership, this exclusion does not extend to more than five of the partnership's partners or the corporation's officers, nor to the other employes of the partnership or corporation.(2) An employe of a public utility acting in the ordinary course of utility-related business under 66 Pa.C.S. §§ 101-3315 (relating to the Public Utility Code), with respect to negotiating the purchase, sale or lease of real estate.(3) An officer or employe of a partnership or corporation whose principal business is the discovery, extraction, distribution or transmission of energy or mineral resources, if the purchase, sale or lease of real estate is a common and necessary transaction in the conduct of the principal business.(4) An attorney in fact who renders services under an executed and recorded power of attorney from an owner or lessor of real estate, if the power of attorney is not used to circumvent the intent of the act. The Commission will consider it a circumvention of the intent of the act for an owner or lessor of real estate to grant a power of attorney to a property manager for the sole purpose of avoiding the necessity of having the property managed by a real estate broker licensed under the act.(5) An attorney-at-law who receives a fee from his client for rendering services within the scope of the attorney-client relationship and does not hold himself out as a real estate broker.(6) A trustee in bankruptcy, administrator, executor, trustee or guardian who is acting under authority of a court order, will or trust instrument.(7) An elected officer or director of a banking institution, savings institution, savings bank, credit union or trust company operating under applicable Federal or State statutes when only the real estate of the banking institution, savings institution, savings bank, credit union or trust company is involved.(8) An officer or employe of a cemetery company who, as an incidental part of his principal duties and without remuneration therefore, shows lots in the company's cemetery to persons for use as family burial lots and who accepts deposits on the lots for a representative of the cemetery company legally authorized to sell them.(9) A cemetery company or cemetery owned or controlled by a bona fide church or religious congregation or fraternal organization or by an association created by a bona fide church or religious organization or fraternal organization.(10) An auctioneer licensed under The Auctioneers' License Act (63 P. S. §§ 701-732) (Repealed) or The Auctioneer and Auction Licensing Act (63 P. S. §§ 734.1-734.34) while performing authorized duties at a bona fide auction.(11) An individual who is employed by the owner of multifamily residential dwellings to manage or maintain the dwellings and who is not authorized by the owner to enter into leases on the owner's behalf, to negotiate terms and conditions of occupancy with current or prospective tenants, or to hold money belonging to the tenants other than on the owner's behalf. So long as the owner retains authority to make decisions, the individual may show apartments and provide information on rental amounts, building rules and regulations and leasing determinations.(12) An elected officer, director or employe of a banking institution, savings institution, savings bank, credit union or trust company operating under applicable Federal or State statutes when acting on behalf of the banking institution, savings institution, savings bank, credit union or trust company in performing appraisals or other evaluations of real estate in connection with a loan transaction.The provisions of this §35.202 adopted February 24, 1989, effective 2/25/1989, 19 Pa.B. 781; amended June 10, 1994, effective 6/11/1994, 24 Pa.B. 2904.The provisions of this §35.202 issued under the Real Estate Licensing and Registration Act (63 P. S. §§ 455.101-455.902).