Current through Register Vol. 54, No. 24, June 15, 2024
Section 35.281 - Putting contracts, commitments and agreements in writing(a) All contracts, commitments and agreements between a broker, or a licensee employed by the broker, and a principal or a consumer who is required to pay a fee, commission or other valuable consideration shall be in writing and contain the information specified in § 35.331 (relating to written agreements generally).(b) The following are exceptions to subsection (a): (1) Open listing agreements or nonexclusive buyer agency agreements may be oral if the seller/buyer or landlord/tenant is provided with a written memorandum stating the terms of the agreement.(2) Transaction licensees or subagents cooperating with listing brokers are not required to obtain a written agreement from the seller/landlord.(3) Transaction licensees or subagents who provide services to the buyer/tenant but are paid by the seller/landlord or listing broker shall provide, and have signed, a written disclosure statement describing the nature of the services to be performed and containing the information required by section 608 of the act (63 P. S. § 455.608).(c) A licensee may perform services before an agreement is signed, but the licensee is not entitled to recover a fee, commission or other valuable consideration in the absence of a signed agreement.The provisions of this § 35.281 adopted February 24, 1989, effective 2/25/1989, 19 Pa.B. 781; amended November 17, 2000, effective 11/18/2000, 30 Pa.B. 5954; amended March 29, 2002, effective 3/30/2002, 32 Pa.B. 1644.The provisions of this § 35.281 issued under the Real Estate Licensing and Registration Act (63 P. S. §§ 455.101-455.902); amended under sections 404, 602, 606-606.6 and 608-608.3 of the Real Estate Licensing Registration Act (63 P. S. §§ 455.404, 455.602, 455.606-455.606f and 455.608-455.608c).
This section cited in 49 Pa. Code § 35.286 (relating to retention and production of records).