PRINTER'S NO. 1276
No. 1024 Session of 2001
INTRODUCED BY MOWERY, PUNT, ORIE AND ERICKSON, JUNE 27, 2001
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JUNE 27, 2001
AN ACT 1 Amending the act of February 19, 1980 (P.L.15, No.9), entitled 2 "An act establishing the State Real Estate Commission and 3 providing for the licensing of real estate brokers and 4 salesmen," further providing for exclusions. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 304 of the act of February 19, 1980 8 (P.L.15, No.9), known as the Real Estate Licensing and 9 Registration Act, amended June 29, 1990 (P.L.246, No.58), is 10 amended to read: 11 Section 304. Exclusions. 12 Except as otherwise provided in this act, the provisions of 13 this act shall not apply to the following: 14 (1) An owner of real estate with respect to property 15 owned or leased by such owner. In the case of a partnership 16 or corporation, this exclusion shall not extend to more than 17 five of its partners or officers, respectively, nor to other 18 partnership or corporation personnel or employees. 19 (2) The employees of a public utility acting in the
1 ordinary course of utility-related business under the 2 provisions of Title 66 of the Pennsylvania Consolidated 3 Statutes (relating to public utilities), with respect to 4 negotiating the purchase, sale or lease of property. 5 (3) The officers or employees of a partnership or 6 corporation whose principal business is the discovery, 7 extraction, distribution or transmission of energy or mineral 8 resources, provided that the purchase, sale or lease of real 9 estate is a common and necessary transaction in the conduct 10 of such principal business. 11 (4) The services rendered by an attorney-in-fact under 12 an executed and recorded power of attorney from the owner or 13 lessor (provided such power of attorney is not utilized to 14 circumvent the intent of this act) or by an attorney at law. 15 (5) A person acting as trustee in bankruptcy, 16 administrator, executor, trustee or guardian while acting 17 under a court order or under the authority of a will or of a 18 trust instrument. 19 (6) The elected officer or director of any banking 20 institution, savings institution, savings bank, credit union 21 or trust company operating under applicable Federal or State 22 laws where only the real estate of the banking institution, 23 savings institution, savings bank, credit union or trust 24 company is involved. 25 (7) Any officer or employee of a cemetery company who, 26 as incidental to his principal duties and without 27 remuneration therefor, shows lots in such company's cemetery 28 to persons for their use as a family burial lot and who 29 accepts deposits on such lots for the representatives of the 30 cemetery company legally authorized to sell the same. 20010S1024B1276 - 2 -
1 (8) Cemetery companies and cemeteries owned or 2 controlled by a bona fide church [or], religious congregation 3 [or], fraternal organization, community, municipality or 4 nonprofit corporation or by any association created by a bona 5 fide church [or], religious organization [or by a], fraternal 6 organization or community, municipality or nonprofit 7 corporation. 8 (9) An auctioneer licensed under the act of September 9 29, 1961 (P.L.1745, No.708), known as "The Auctioneers' 10 License Act," while performing authorized duties at any bona 11 fide auction. 12 (10) Any person employed by an owner of real estate for 13 the purpose of managing or maintaining multifamily 14 residential property: Provided, however, That such person is 15 not authorized or empowered by such owner to enter into 16 leases on behalf of the owner, to negotiate terms or 17 conditions of occupancy with current or prospective tenants 18 or to hold money belonging to tenants other than on behalf of 19 the owner. So long as the owner retains the authority to make 20 all such decisions, the employees may show apartments and 21 provide information on rental amounts, building rules and 22 regulations and leasing determinations. 23 (11) The elected officer, director or employee of any 24 banking institution, savings institution, savings bank, 25 credit union or trust company operating under applicable 26 Federal or State laws when acting on behalf of the 27 institution in performing appraisals or other evaluations of 28 real estate in connection with a loan transaction. 29 Section 2. This act shall take effect in 60 days. F11L63DMS/20010S1024B1276 - 3 -