Current through Register Vol. 54, No. 45, November 9, 2024
Section 35.222 - Licensure as a broker(a) An individual who wants to obtain a standard broker's license shall comply with § 35.221 (relating to general requirements) and:(1) Have scored a passing grade on each part of the broker'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 by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See § 35.271 (relating to examination for broker's license).(2) Comply with §§ 35.241 and 35.242 (relating to general office requirement; and office of broker or cemetery broker).(3) Submit a completed application to the Commission with recommendations attesting to the applicant's good reputation for honesty, trustworthiness, integrity and competence from: (i) One real estate broker holding either a current standard or reciprocal license issued by the Commission.(ii) Two persons unrelated to the applicant who own property in the county where the applicant resides or has a place of business.(iii) Two persons unrelated to the applicant who own property in the county where the applicant previously resided, if the applicant changed his county of residence within 1 year prior to the submission of the application.(b) An individual who wants to obtain a reciprocal broker's license shall comply with § 35.221 and: (1) Possess a current broker's license issued by another state that agrees to issue a license to a standard Pennsylvania licensee without further requirement, or has qualifications for licensure substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state which 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) Comply with § 35.241 and § 35.242.(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 the 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) If the applicant will be acting as an associate broker, submit a sworn statement from the broker with whom the applicant desires to be affiliated: (i) Attesting to the applicant's good reputation for honesty, trustworthiness, integrity and competence.(ii) Certifying that the applicant will be actively supervised and trained by the broker.(5) 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.(c) A partnership, association or corporation that wants to obtain a standard or reciprocal broker's license shall: (1) Ensure that each member of the partnership or association, or each officer of the corporation, who intends to engage in the real estate business holds either a current standard or reciprocal license issued by the Commission as a salesperson or broker.(2) Designate an individual who is licensed by the Commission as a broker to serve as broker of record.(3) Comply with §§ 35.241 and 35.242.(4) Submit a completed license application to the Commission.The provisions of this §35.222 adopted February 24, 1989, effective 2/25/1989, 19 Pa.B. 781; amended June 10, 1994, effective 6/11/1994, 24 Pa.B. 2904; amended August 19, 2005, effective 8/20/2005, 35 Pa.B. 4711.The provisions of this §35.222 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).