Key Takeaways

  • SREC can investigate complaints, conduct audits, and impose discipline
  • Violations include misrepresentation, escrow account issues, failure to supervise, and unlicensed activity
  • Disciplinary actions range from letters of warning to license revocation
  • Licensees can request formal hearings through the Bureau of Professional and Occupational Affairs
  • The Real Estate Recovery Fund compensates victims of licensee misconduct up to statutory limits
Last updated: January 2026

Pennsylvania License Law Violations and Discipline

SREC has authority to investigate and discipline licensees for violations of Pennsylvania real estate law (RELRA).

Types of Violations

Common Violations

CategoryExamples
MisrepresentationFalse statements about property
Escrow AccountCommingling, conversion, failure to deposit
SupervisionInadequate oversight by broker
DisclosureFailure to disclose material facts
Unlicensed ActivityPracticing without valid license
FraudDishonest dealings
IncompetenceFailure to act with reasonable skill
Agency ViolationsConsumer Notice issues, undisclosed conflicts

Specific Prohibited Acts

RELRA lists grounds for discipline including:

  1. Obtaining license by fraud or misrepresentation
  2. Conviction of felony or crime involving moral turpitude
  3. Making false promises or misrepresentations
  4. Acting for both parties without proper consent
  5. Commingling funds
  6. Failure to provide required documents
  7. Failure to supervise licensees
  8. Demonstrating unworthiness or incompetence
  9. Violating fair housing laws
  10. Violating SREC rules and regulations

Disciplinary Process

Investigation

SREC initiates investigations based on:

  • Consumer complaints
  • Routine audits
  • Referrals from other agencies
  • Self-reporting
  • Transaction reviews

Hearing Rights

Licensees facing discipline have rights to:

  • Written notice of allegations
  • Formal hearing
  • Present evidence and testimony
  • Legal representation
  • Appeal decisions

Disciplinary Actions

Types of Discipline

ActionDescription
Letter of WarningInformal warning
Consent AgreementNegotiated settlement
ProbationLicense conditions
SuspensionTemporary loss of license
RevocationPermanent loss of license
DenialRefusal to issue license
Civil PenaltyFine
EducationRequired additional education

Common Penalties

ViolationTypical Action
First minor offenseWarning or education
Escrow account violationSuspension or revocation
Fraud/misrepresentationRevocation
Failure to discloseSuspension, education
Unlicensed activityPenalty, injunction

Real Estate Recovery Fund

The Real Estate Recovery Fund compensates victims of licensee misconduct:

FeatureDetail
Maximum per transaction$20,000
Maximum per licensee$100,000
SourceLicensee fees
RequirementJudgment against licensee

Qualifying for Recovery

To receive funds:

  1. Obtain court judgment against licensee
  2. Show judgment cannot be collected
  3. File claim with SREC
  4. Meet all statutory requirements

Consequences of Fund Payment

If the Recovery Fund pays a claim:

  • Licensee must repay the fund
  • License is suspended until repayment
  • Plus interest and costs

Avoiding Violations

Best practices:

  1. Know the law - Stay current on requirements
  2. Document everything - Keep complete records
  3. Disclose fully - When in doubt, disclose
  4. Handle funds properly - Follow escrow rules
  5. Supervise carefully - Brokers must oversee licensees
  6. Stay educated - Complete CE requirements
  7. Provide Consumer Notice - At initial interview
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SREC Disciplinary Process
Test Your Knowledge

What is the maximum Recovery Fund payment per transaction in Pennsylvania?

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Test Your Knowledge

What happens to a Pennsylvania licensee's license if the Recovery Fund pays a claim?

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