§ 35.354. Prohibited forms of advertising and solicitation.
(a) A real estate education provider may not:
(1) Hold itself out under a name other than the name approved for it by the Commission under § 35.341 (relating to approval of real estate education provider).
(2) Hold itself out as being recommended or endorsed by the Commission, the Department of Education or other agency of the Commonwealth, except that the real estate education provider may advertise that it has been approved by the Commission to provide instruction in real estate courses and that credits earned in certain named courses will be accepted by the Commission toward fulfillment of the professional education prerequisite for taking the Pennsylvania real estate licensing examinations.
(3) Hold itself out to be an educational institution that conforms to the standards and requirements prescribed for accredited colleges as defined in § 35.201 (relating to definitions) unless the real estate education provider meets those standards and requirements.
(4) Make a guarantee of employment, conditional or unconditional, to a student or prospective student.
(5) Guarantee that successful completion of its curriculum will result in the student’s passing a real estate licensing examination.
(6) Promote the business of a real estate licensee or a real estate organization, franchise or network.
(7) Recruit students for employment or affiliation with a real estate licensee or a real estate organization, franchise or network.
(8) Solicit students for membership in a real estate organization, franchise or network.
(9) Permit an instructor or guest lecturer while on the real estate education provider’s premises to wear any identification relating to the name of the real estate licensee or a real estate organization, franchise or network.
(10) Solicit enrollments by means of advertisements in the employment columns of newspapers and other publications.
(11) Engage in advertising that is false, misleading, deceptive or degrading to the dignity of the real estate profession.
(b) A real estate education provider may not allow its main or satellite locations to be used by others for the solicitation or recruitment of students for employment or affiliation with a real estate licensee or a real estate organization, franchise or network. Students shall be informed of this prohibition through a written statement which shall contain the following:
‘‘No recruiting for employment opportunities for any real estate brokerage firm is allowed in this class. Any recruiting should be promptly reported to the State Real Estate Commission by calling this number: 1-800-822-2113.’’
Authority The provisions of this § 35.354 issued under the Real Estate Licensing and Registration Act (63 P. S. § § 455.101—455.902); amended under section 404.1 of the Real Estate Licensing and Registration Act (63 P. S. § 455.404a).
Source The provisions of this § 35.354 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7647. Immediately preceding text appears at serial pages (308352) to (308353).
Cross References This section cited in 49 Pa. Code § 35.344 (relating to withdrawal of real estate education provider or director approval); 49 Pa. Code § 35.351 (relating to duty of director); and 49 Pa. Code § 35.362 (relating to inspection of school).
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