§ 35.271. Examination for broker’s license.
(a) An individual who wants to take the broker’s examination for a standard broker’s license shall:
(1) Be 21 years of age or older.
(2) Be a high school graduate or have passed a high school general education equivalency examination.
(3) Have worked at least 3 years as a licensed salesperson, with experience qualifications that the Commission considers adequate for practice as a broker, or possess at least 3 years of other experience, education, or both, that the Commission considers the equivalent of 3 years’ experience as a licensed salesperson.
(4) Have acquired 16 credits, or 240 hours of instruction, in professional real estate education as determined by the Commission under subsection (b).
(5) Submit a completed examination application to the Commission or its designee with:
(i) Official transcripts evidencing the acquisition of course credits.
(ii) A detailed resume of real estate activities performed by the candidate while working as a salesperson and a sworn statement from the candidate’s employing broker confirming that these activities were performed if the candidate is a licensed salesperson.
(iii) A complete description of work experience and education that the candidate considers relevant to the requirements of paragraph (3) if the candidate is not a licensed salesperson.
(iv) A certification from the real estate licensing authority of the jurisdiction in which the candidate is licensed stating that the candidate had an active license for each year that credits are claimed if the candidate is applying brokerage experience to satisfy the professional education requirement.
(v) The fee for review of the candidate’s qualifications to take the examination prescribed in § 35.203 (relating to fees) and the fees for administration of the examination.
(b) The Commission will apply the following standards in determining whether an examination candidate has met the education requirement of subsection (a)(4):
(1) A candidate who has obtained one of the following degrees will be deemed to have met the education requirement and will not be required to show completion of coursework in specific areas of study:
(i) A bachelor’s degree with a major in real estate from an accredited college as defined in § 35.201 (relating to definitions).
(ii) A bachelor’s degree from an accredited college as defined in § 35.201, having completed coursework equivalent to a major in real estate.
(iii) A juris doctor degree from an accredited law school.
(2) Candidates who have not obtained a degree specified in paragraph (1) shall acquire 16 credits in professional real estate education. Two of the required 16 credits shall be in a Commission-developed or approved real estate office management course and 2 of the required 16 credits shall be in a Commission-developed or approved law course. At least 6 of the remaining 12 credits shall be in 3 or more of the Commission-developed courses listed in this paragraph. The remaining 6 credits shall be in real estate courses but not necessarily those listed in this paragraph. A candidate may not apply credits used to qualify for the salesperson’s examination toward fulfillment of the broker education requirement.
(i) Real Estate Law.
(ii) Real Estate Finance.
(iii) Real Estate Investment.
(iv) Residential Property Management.
(v) Nonresidential Property Management.
(vi) Real Estate Sales.
(vii) Residential Construction.
(viii) Valuation of Residential Property.
(ix) Valuation of Income-Producing Property.
(3) To be counted toward the education requirement, a real estate course shall have been offered by:
(i) An accredited college as defined in § 35.201.
(ii) A real estate education provider who has met the approval requirements in § 35.341 (relating to approval of real estate education provider).
(iii) A real estate education provider outside this Commonwealth that has been approved by the real estate licensing authority of the jurisdiction where the real estate education provider is located. The course transcript or certificate of completion must state that the course is approved by the licensing authority of the jurisdiction where the real estate education provider is located.
(4) A maximum of four credits will be allowed for each real estate course. A maximum of four credits will be allowed for each area of real estate study listed in paragraph (2).
(5) Courses shall have been completed within 10 years prior to the date of successful completion of the licensing examination.
(6) Two credits will be allowed for each year of active practice the candidate has had as a licensed broker in another state during the 10-year period immediately preceding the submission of the examination application.
(c) A reciprocal licensee who is converting that license to a standard broker’s license is exempt from subsection (a) and is only required to pass the state portion of the examination.
Authority The provisions of this § 35.271 issued under the Real Estate Licensing and Registration Act (63 P. S. § § 455.101—455.902); amended under sections 201, 404, 404.1, 501, 601, 602 and 604 of the Real Estate Licensing Registration Act (63 P. S. § § 455.201, 455.404, 455.404a, 455.501, 455.601, 455.602 and 455.604); and section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a).
Source The provisions of this § 35.271 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; corrected July 14, 1989, effective February 25, 1989, 19 Pa.B. 3036; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 5954; corrected December 15, 2000, effective December 16, 2000, 30 Pa.B. 6429; amended September 3, 2004, effective September 4, 2004, 34 Pa.B. 4883; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711; corrected September 16, 2005, effective August 20, 2005, 35 Pa.B. 5119; corrected March 17, 2012, effective August 20, 2005, 42 Pa.B. 1376; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7647. Immediately preceding text appears at serial pages (360708) to (360710).
Notes of Decisions The possession of a salesperson’s license for 3 or more years does not allow a person to sit for a broker’s examination. Bhala v. State Real Estate Commission, 617 A.2d 841 (Pa. Cmwlth. 1992).
Cross References This section cited in 49 Pa. Code § 35.222 (relating to licensure as broker).
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