63 Pa. Stat. § 455.602

Current through Pa Acts 2024-53, 2024-56 through 2024-95
Section 455.602 - Reciprocal licenses
(a) Any person who holds a current license to provide real estate services issued by another state and whose principal place of business for the provision of those services is outside of this Commonwealth may be issued a reciprocal license under this act in accordance with this section. The reciprocal license shall be the type of license that the commission determines is most similar to the type of license issued by the other state.
(b) Obtaining a reciprocal license shall constitute sufficient contact with this Commonwealth for the exercise of personal jurisdiction by the commission and the courts of this Commonwealth over the licensee in any action or proceeding arising out of acts or omissions by the licensee:
(1) in this Commonwealth; or
(2) relating to an actual or proposed transaction involving real property located in this Commonwealth.
(c) The commission shall issue a reciprocal license upon the filing with the commission of an application and the receipt of:
(1) a duly certified copy of a current license issued to the applicant by the state in which the principal place of business of the applicant is located or a certified statement that the applicant holds a current license in that state, in either case sent to the commission by the appropriate licensing body in that state;
(2) a certified statement sent to the commission by that licensing body as to whether the applicant has been the subject of any disciplinary proceeding and the details of those proceedings; and
(3) a verified statement from the applicant that:
(i) to the knowledge of the applicant, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either this Commonwealth or another jurisdiction;
(ii) the applicant has reviewed and is familiar with this act and the rules and regulations of the commission and that the applicant agrees to be bound by this act and those rules and regulations; and
(iii) the applicant agrees to permit the disclosure to the commission of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any jurisdiction in which the applicant is or has been licensed.
(4) payment of a fee in the same amount as the fee required to be paid in connection with the issuance of a standard license of the same type; and
(5) a consent to service of process in a form prescribed by the rules and regulations of the commission.
(d) This section may be implemented by written reciprocal licensing agreements with the real estate licensing authorities of other states as follows:
(1) The commission may enter into such an agreement whenever the commission in its discretion determines that such an agreement is necessary or desirable to provide residents of this Commonwealth with the opportunity to secure a license in the other state substantially comparable to the opportunity afforded to residents of the other state by this section.
(2) It shall not be necessary for the commission to have entered into an agreement with a particular state in order for the commission to issue a reciprocal license under this section to an applicant from that state, subject to the restrictions in subsection (e).
(e) Whenever the commission determines that another state does not offer reciprocal licensure opportunities to residents of this Commonwealth that are substantially comparable to those afforded to residents of that state by this section, the commission shall require applicants from that state who apply for a reciprocal license to meet education, experience and examination requirements substantially comparable to those required by that state with respect to residents of this Commonwealth who seek reciprocal licensure in that state, except that any requirements imposed under this subsection shall not exceed the requirements for obtaining a license under this act imposed on residents of this Commonwealth.
(f) The commission shall publish annually in the Pennsylvania Bulletin and make available both on request and via the Internet:
(1) a list of those states with which the commission has signed agreements under subsection (d) and a summary of the terms of each agreement; and
(2) a list of those states that the commission has identified under subsection (e) as not offering substantially comparable reciprocal licensure opportunities and a description of the additional requirements the commission has determined are necessary to comply with that subsection.
(g) A person who holds a reciprocal license shall promptly notify the commission if the person's principal place of business for the provision of real estate services becomes located in this Commonwealth. Upon receipt of the notice by the commission, the person's reciprocal license shall not be renewed and the person shall be required to obtain a standard license.
(h) A reciprocal licensee shall have the same rights and responsibilities as if the person held a standard license, except that a person holding a reciprocal license:
(1) shall not be eligible to be a member of the commission;
(2) shall be exempt from the requirements of sections 404.1, 501(b), 513 and 533; and
(3) shall be exempt from taking and passing the examination required for standard licenses.
(i) An associate broker, salesperson, campground membership salesperson or time-share salesperson holding a reciprocal license shall not conduct business in this Commonwealth except in affiliation with a broker holding either a standard or a reciprocal license.
(j) If the applicant for a reciprocal broker's license is a corporation, partnership or association, the applicant must designate in its application a broker of record who is an individual holding a current reciprocal or standard broker's license.

63 P.S. § 455.602

1980, Feb. 19, P.L. 15, No. 9, § 602, imd. effective. Amended 1984, March 29, P.L. 162, No. 32, § 11, effective in 90 days; 2003, Dec. 30, P.L. 418, No. 58, § 3, effective 3/1/2004.