The Pennsylvania Real Estate Commission
This chapter describes the Pennsylvania Real Estate Commission, its authority over licensees, and the Real Estate Recovery Fund that protects consumers. The Commission is the state body that regulates the profession.
Structure and Authority
The Pennsylvania Real Estate Commission operates under the Bureau of Professional and Occupational Affairs within the Department of State. It administers and enforces the Real Estate Licensing and Registration Act and adopts rules found in 49 Pa. Code. The Commission issues licenses, sets education and examination standards, and disciplines licensees who violate the law. Its mission is to protect the public in real estate transactions.
Disciplinary Powers
The Commission may investigate complaints and, after due process, impose discipline including fines, license suspension, or revocation. Grounds for discipline include fraud, misrepresentation, mishandling escrow funds, and other violations of RELRA. Licensees are entitled to notice and a hearing before sanctions are imposed. These powers give the Commission the ability to hold licensees accountable and deter misconduct.
The Real Estate Recovery Fund
The Real Estate Recovery Fund reimburses members of the public who obtain a court judgment against a licensee for fraud, misrepresentation, or similar wrongdoing but cannot collect it. Payment from the fund is capped per transaction and per licensee. When the fund pays a claim, the offending licensee's license is automatically suspended until the fund is repaid with interest. The fund is financed by licensee fees and exists to protect consumers, not licensees.