49 Pa. Code § 43b.8. Schedule of civil penalties—real estate and cemetery brokers, real estate education providers.

§ 43b.8. Schedule of civil penalties—real estate and cemetery brokers, real estate education providers.

STATE REAL ESTATE COMMISSION

Violation under 35 P.S. Title/Description Civil Penalty

Section 637.6(a)(1) Failure of broker or cemetery broker to post a sign in a real estate office or cemetery office or real estate education provider to post a sign in a real estate school as required under section 4 of the Clean Indoor Air Act (35 P.S. §  637.4) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense— $1,000

Section 637.6(a)(2) Broker or cemetery broker permitting smoking in a real estate or cemetery office or real estate education provider permitting smoking in a real estate school in violation of the Clean Indoor Air Act (35 P.S. § §  637.1—637.11) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)— $1,000

Section 637.6(a)(3) Licensee of the Commission smoking in a real estate office, cemetery office or real estate school in violation of the Clean Indoor Air Act 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)— $1,000

Violation under 63 P.S. Title/Description Civil Penalty

Section 455.301 Acting in capacity of cemetery broker or cemetery salesperson without a license 1st offense—$250 per violation 2nd offense—$500 per violation

Section 455.601(a) Failure of licensee to notify Commission of change of location of office of broker or cemetery broker within 10 days 1st offense—$125 2nd offense—$250

Section 455.601(a) Failure of broker or cemetery broker to maintain sign with licensed name outside office 1st offense—$250 2nd offense—$500

Section 455.603 Failure of licensee to notify Commission of change of employing broker within 10 days 1st offense—$125 2nd offense—$250

Section 455.604(a)(4) Use of any trade name or insignia or membership in any real estate association or organization of which the licensee is not a member 1st offense—$250 2nd offense—$500

Section 455.604(a)(8) Placing a ‘‘for sale’’ or ‘‘for rent’’ sign or advertising property without the written consent of the owner 1st offense—$250 2nd offense—$500

Section 455.604(a)(16) Failure to exercise adequate supervision of licensed salesperson or associate broker (when subordinate violates §  455.601(a), §  455.603 or §  455.604(a)(21)) Same as penalty for underlying offense by subordinate

Section 455.604(a)(21) Failure of licensee to have current license when performing licensed activity 1st offense—$250 per month up to $1,000 2nd offense—Formal action

Section 455.609(b) Failure to include right-of-cancellation information in a time share or campground membership 1st offense—$500 2nd offense—$1,000

Section 2205(b)(2) Aiding and abetting cemetery or real estate sales activities by unlicensed individuals 1st offense—$250 per individual 2nd offense—$500 per individual

Violation under 49 Pa. Code Chapter 35 Title/Description Civil Penalty

Section 35.242(a) Failure of broker or cemetery broker to devote office to transaction of real estate business in privacy 1st offense—$125 2nd offense—$250

Section 35.242(b) Failure of broker or cemetery broker to maintain separate entrance to office located in private residence 1st offense—$125 2nd offense—$250

Section 35.242(c) Failure of broker or cemetery broker to display business name prominently and in permanent fashion outside office 1st offense—$250 2nd offense—$500

Section 35.243(a) Failure of broker or cemetery broker to obtain license before opening branch office 1st offense—$250 2nd offense—$500

Section 35.245(a) Failure of broker, cemetery broker or rental listing referral agent to maintain the current license of employed or affiliated licensees at main office 1st offense—$125 2nd offense—$250

Section 35.245(b) Failure of broker or cemetery broker to maintain a list of licensees employed or affiliated with the broker or cemetery broker at the branch office out of which each licensee works 1st offense—$125 2nd offense—$250

Section 35.285 Failure to provide Commission or its representative with information regarding a franchisor, network or other parent real estate company with which the licensee is or may become affiliated 1st offense—$250 2nd offense—$500

Section 35.286(a) Failure of broker to retain a copy of the written estimate of reasonably foreseeable expenses required under 49 Pa. Code §  35.334 (relating to statements of estimated cost and return) 1st offense—$250 2nd offense—$500

Section 35.286(a)(1) Failure of broker, associate broker or salesperson to retain a copy of the acknowledgement portion of the Consumer Notice 1st offense—$250 2nd offense—$500

Section 35.286(b) Failure of a licensed entity other than an individual to produce its corporate, partnership or association records for examination by the Commission or its authorized representative 1st offense—$250 2nd offense—$500

Section 35.290(b) Failure of a licensee to notify the Commission of disciplinary action taken against the licensee by the real estate licensing authority of another jurisdiction within 30 days of receiving notice of the disciplinary action 1st offense—$500 2nd offense—$1,000

Section 35.292(a)(6) Failure of broker, associate broker or salesperson to provide a copy of the Consumer Notice as required under 63 P.S. §  455.608 (relating to information to be given at initial interview) 1st offense—$250 2nd offense—$500

Section 35.301(a) Advertising the sale or lease of real estate without the authority of the seller or lessor or its agent 1st offense—$250 2nd offense—$500

Section 35.301(b) Publishing information about a rental property if the lessor or property manager expressly stated that the property was not to be included in lists prepared by rental listing referral agents 1st offense—$250 2nd offense—$500

Section 35.304 Failure of a licensee who sells or leases his own real estate to disclose in ads for the property that he is a licensee 1st offense—$250 2nd offense—$500

Section 35.305(a) Failure of broker, cemetery broker or rental listing referral agent to advertise or hold himself out to public under business name designated on license 1st offense—$250 2nd offense—$500

Section 35.305(b) Advertising or using a nickname that has not been registered with the Commission 1st offense—$250 2nd offense—$500

Section 35.305(c) Failure of salesperson or associate broker to include the business name and telephone number of the broker in at least equal size as the salesperson’s or associate broker’s name and telephone number on an advertisement 1st offense—$250 2nd offense—$500

Section 35.334 Failure of broker to provide a written estimate of reasonably foreseeable expenses 1st offense—$250 2nd offense—$500

Section 35.361(a) Failure of real estate education provider to prominently display certificate of approval at main location 1st offense—$125 2nd offense—$250

Section 35.361(b) Failure of real estate education provider to prominently display approved name at each location where courses are taught 1st offense—$250 2nd offense—$500

Authority

   The provisions of this §  43b.8 amended under the act of July 2, 1993 (P.L. 345, No. 48).

Source

   The provisions of this §  43b.8 amended December 22, 2006, effective December 23, 2006, 36 Pa.B. 7833; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673; amended March 6, 2020, effective March 7, 2020, 50 Pa.B. 1354. Immediately preceding text appears at serial pages (365031) to (365036).

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Violation under 35 P.S.	Title/Description	Civil Penalty
Section 637.6(a)(1)	Failure of broker or cemetery broker to post a sign in a real estate office or cemetery office or real estate education provider to post a sign in a real estate school as required under section 4 of the Clean Indoor Air Act (35 P.S. § 637.4)	1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense— $1,000
Section 637.6(a)(2)	Broker or cemetery broker permitting smoking in a real estate or cemetery office or real estate education provider permitting smoking in a real estate school in violation of the Clean Indoor Air Act (35 P.S. § § 637.1—637.11)	1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)— $1,000
Section 637.6(a)(3)	Licensee of the Commission smoking in a real estate office, cemetery office or real estate school in violation of the Clean Indoor Air Act	1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)— $1,000

Violation under 63 P.S.	Title/Description	Civil Penalty
Section 455.301	Acting in capacity of cemetery broker or cemetery salesperson without a license	1st offense—$250 per violation 2nd offense—$500 per violation
Section 455.601(a)	Failure of licensee to notify Commission of change of location of office of broker or cemetery broker within 10 days	1st offense—$125 2nd offense—$250
Section 455.601(a)	Failure of broker or cemetery broker to maintain sign with licensed name outside office	1st offense—$250 2nd offense—$500
Section 455.603	Failure of licensee to notify Commission of change of employing broker within 10 days	1st offense—$125 2nd offense—$250
Section 455.604(a)(4)	Use of any trade name or insignia or membership in any real estate association or organization of which the licensee is not a member	1st offense—$250 2nd offense—$500
Section 455.604(a)(8)	Placing a ‘‘for sale’’ or ‘‘for rent’’ sign or advertising property without the written consent of the owner	1st offense—$250 2nd offense—$500
Section 455.604(a)(16)	Failure to exercise adequate supervision of licensed salesperson or associate broker (when subordinate violates § 455.601(a), § 455.603 or § 455.604(a)(21))	Same as penalty for underlying offense by subordinate
Section 455.604(a)(21)	Failure of licensee to have current license when performing licensed activity	1st offense—$250 per month up to $1,000 2nd offense—Formal action
Section 455.609(b)	Failure to include right-of-cancellation information in a time share or campground membership	1st offense—$500 2nd offense—$1,000

Section 2205(b)(2)	Aiding and abetting cemetery or real estate sales activities by unlicensed individuals	1st offense—$250 per individual 2nd offense—$500 per individual

Violation under 49 Pa. Code Chapter 35	Title/Description	Civil Penalty
Section 35.242(a)	Failure of broker or cemetery broker to devote office to transaction of real estate business in privacy	1st offense—$125 2nd offense—$250
Section 35.242(b)	Failure of broker or cemetery broker to maintain separate entrance to office located in private residence	1st offense—$125 2nd offense—$250
Section 35.242(c)	Failure of broker or cemetery broker to display business name prominently and in permanent fashion outside office	1st offense—$250 2nd offense—$500
Section 35.243(a)	Failure of broker or cemetery broker to obtain license before opening branch office	1st offense—$250 2nd offense—$500
Section 35.245(a)	Failure of broker, cemetery broker or rental listing referral agent to maintain the current license of employed or affiliated licensees at main office	1st offense—$125 2nd offense—$250
Section 35.245(b)	Failure of broker or cemetery broker to maintain a list of licensees employed or affiliated with the broker or cemetery broker at the branch office out of which each licensee works	1st offense—$125 2nd offense—$250
Section 35.285	Failure to provide Commission or its representative with information regarding a franchisor, network or other parent real estate company with which the licensee is or may become affiliated	1st offense—$250 2nd offense—$500
Section 35.286(a)	Failure of broker to retain a copy of the written estimate of reasonably foreseeable expenses required under 49 Pa. Code § 35.334 (relating to statements of estimated cost and return)	1st offense—$250 2nd offense—$500
Section 35.286(a)(1)	Failure of broker, associate broker or salesperson to retain a copy of the acknowledgement portion of the Consumer Notice	1st offense—$250 2nd offense—$500
Section 35.286(b)	Failure of a licensed entity other than an individual to produce its corporate, partnership or association records for examination by the Commission or its authorized representative	1st offense—$250 2nd offense—$500
Section 35.290(b)	Failure of a licensee to notify the Commission of disciplinary action taken against the licensee by the real estate licensing authority of another jurisdiction within 30 days of receiving notice of the disciplinary action	1st offense—$500 2nd offense—$1,000
Section 35.292(a)(6)	Failure of broker, associate broker or salesperson to provide a copy of the Consumer Notice as required under 63 P.S. § 455.608 (relating to information to be given at initial interview)	1st offense—$250 2nd offense—$500
Section 35.301(a)	Advertising the sale or lease of real estate without the authority of the seller or lessor or its agent	1st offense—$250 2nd offense—$500
Section 35.301(b)	Publishing information about a rental property if the lessor or property manager expressly stated that the property was not to be included in lists prepared by rental listing referral agents	1st offense—$250 2nd offense—$500
Section 35.304	Failure of a licensee who sells or leases his own real estate to disclose in ads for the property that he is a licensee	1st offense—$250 2nd offense—$500
Section 35.305(a)	Failure of broker, cemetery broker or rental listing referral agent to advertise or hold himself out to public under business name designated on license	1st offense—$250 2nd offense—$500
Section 35.305(b)	Advertising or using a nickname that has not been registered with the Commission	1st offense—$250 2nd offense—$500
Section 35.305(c)	Failure of salesperson or associate broker to include the business name and telephone number of the broker in at least equal size as the salesperson’s or associate broker’s name and telephone number on an advertisement	1st offense—$250 2nd offense—$500
Section 35.334	Failure of broker to provide a written estimate of reasonably foreseeable expenses	1st offense—$250 2nd offense—$500
Section 35.361(a)	Failure of real estate education provider to prominently display certificate of approval at main location	1st offense—$125 2nd offense—$250
Section 35.361(b)	Failure of real estate education provider to prominently display approved name at each location where courses are taught	1st offense—$250 2nd offense—$500