Which of these pieces of information can be found in the Pennsylvania consumer notice?

Nancy Pageau

Nancy Pageau

Realtor Associate at BHHS Fox and Roach--Accredited Buyer's Agent

Published Sep 18, 2017

In November 1999, the state of Pennsylvania enacted the Agency Disclosure Law designed to protect you, the Consumer. The law applies to real estate transactions, whether residential or commercial, and whether by sale or lease. The Act requires that you read the Consumer Notice and sign it prior to entering into a meaningful discussion with any real estate sales associate.

Much of the time you are not meeting the realtor face to face, it might start with a phone call which then commonly results in emailing properties of interest. Most clients want to be notified of properties that interest them as soon as they come on the market without having to talk to anyone or search endless websites. Thus, for my clients I set up automatic emails that send properties directly to them that are specifically chosen based on their personal criteria: desired area, price range, how many bedrooms, garage, etc.; that reflect their needs, wants and 'must haves'. 

The first time they open the link a Consumer Notice is posted and you must check having read it to get to the listings and any future listings. I have found that some won't open the link because they think they are signing a contract. A Consumer Notice is not a contract. It is there to inform the consumer the types of Real Estate relationships you might have with a licensed agent before you provide personal information.

 This notice must be provided to the consumer at the first contact where a substantive discussion about real estate occurs unless an oral disclosure has been previously provided. If the oral disclosure was provided, this notice must be provided at the first meeting or the first time a property is shown to the consumer by the broker or salesperson.

Before you disclose any information to a licensee, be advised that unless you select an agency relationship the licensee is NOT REPRESENTING YOU. A business relationship of any kind will NOT be presumed but must be established between the consumer and the licensee.

Any licensee who provides you with real estate services owes you the following duties:

  • Exercise reasonable professional skill and care which meets the practice standards required by the Act. Deal honestly and in good faith.
  • Present, in a reasonably practicale period of time, all offers, counteroffers, notices, and communications to and from the parties in writing. The duty to present written offers and counteroffers may be waived if the waiver is in writing.
  • Comply with Real Estate Seller Disclosure Act.
  • Account for escrow and deposit funds.
  • Disclose all conflicts of interest in a reasonably practicable period of time.
  • Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions.
  • Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise.
  • Keep the consumer informed about the transaction and the tasks to be completed.
  • Disclose financial interest in a service, such as financial, title transfer and preparation services, insurance, construction, repair or inspection, at the time service is recommended or the first time the licensee learns that the service will be used. (some content provided by article on the BHHS Fox & Roach website)

Nancy Pageau, ABR

Buyer Agent

Nancy was born in Rhode Island and has lived in Pennsylvania for 30 years. Her BA degree in Communication, including personal and business communication, ...


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April 22, 2021

Hinshaw Privacy & Cyber Bytes

A new data protection and privacy bill (HB 1126) was recently introduced in Pennsylvania. Although not as robust as the California Consumer Privacy Act (CCPA), the proposed Consumer Data Privacy Act (the Act) would similarly give consumers in Pennsylvania more control over their personal information. It would also impose a series of requirements on covered businesses and create a private right of action following a 30-day cure period. If approved, the Act would go into effect immediately. 

To whom would it apply?

The Act would apply to for-profit businesses that: 

  • Do business in Pennsylvania;
  • Collect, sell, or share consumers' personal information;
  • Alone, or jointly with others, determine the purposes and means of processing consumers' personal information; and
  • Meet at least one of the following thresholds:
  1.  Have an annual gross revenue of at least $10 million;
  2. Annually buys, sells, or shares, alone or in combination, the personal information of 50,000 consumers, households, or devices; or
  3. Derives 50% of its annual revenues from the sale of consumers' personal information.

What types of information would it cover?

Under the Act, personal information would include: 

  • Identifiers
    • Real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, social security number, driver's license number, or passport number, or other similar identifiers
  • Characteristics of protected classifications under state or federal law
  • Commercial information
    • Personal property records, and products or services purchased, obtained, or considered
  • Biometric information
  • Internet activity
  • Geolocation data
  • Audio, electronic, visual, thermal, olfactory, or similar information
  • Professional or employment-related information
  • Certain education information
  • Inferences drawn from other personal information to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behaviors, attitudes, intelligence, abilities, and aptitudes 

The following publicly available information would not be considered personal information: 

  • Information that is lawfully made available from Federal, State, or local government records, as restricted by any conditions associated with the information
  • Biometric information collected by a business about a consumer without the consumer's knowledge or consumer information that is de-identified or aggregate consumer information

However, to maintain the "publicly available" meaning, the information could not be used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained.

What rights would it create?

The Act would create various consumer rights, including the right to: 

  • Know what personal information is being collected about the consumer;
  • Know whether the consumer's personal information is sold or disclosed and to whom;
  • Request to delete personal information;
  • Decline or opt-out of the sale of the consumer's personal information;
  • Access the consumer's personal information that has been collected; and
  • Equal service and price, even if a consumer exercises any of its rights.

What obligations would it impose?

Upon request from a consumer, the Act would require a business that collects personal information about a consumer to disclose the:

  • Categories of personal information collected;
  • Categories of sources from which the personal information is collected;
  • Business or commercial purpose for collecting or selling personal information;
  • Categories of third parties with whom the business shares personal information; and
  • Specific pieces of personal information the business has collected about the consumer.

Upon request from a consumer, a business that sells or discloses the personal information of consumers will be required to disclose the:

  • Categories of personal information collected;
  • Categories of personal information sold and the categories of third parties to whom the information was sold; and
  • Categories of personal information that the business disclosed about the consumer for business purposes.

A business that sells the personal information of consumers must notify them that their personal information may be sold and give them the option to opt-out of a sale. Relatedly, a third-party who purchases consumers' personal information may not sell that information unless consumers have been provided with notice that their personal information may be sold and have been given the option of opting out of a sale.

To comply with its notice obligations, a business that collects or sells the personal information of consumers must provide two or more methods for consumers to submit requests, including, at a minimum, a toll-free telephone number and website address if the business maintains a publicly accessible website. If the business maintains a website, it must provide:

  • A "clear and conspicuous" link on the website, title "Do Not Sell My Personal Information," that enables a consumer to opt-out of the sale of the consumer's personal information; and
  • A description of a consumer's rights.

A business that collects personal information must notify consumers of their right to request deletion. Upon request from a consumer, a business must delete the personal information of the consumer that it has collected.

In addition, a business must ensure that all employees who handle consumer inquiries about the business's privacy practices know how to direct a consumer to exercise their rights.

Like other similar legislation, the Act does not restrict a business's ability to:

  • Comply with Federal, State, or local laws.
  • Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by Federal, State, or local authorities.
  • Cooperate with law enforcement agencies concerning conduct or activity that the business, service provider, or third party reasonably and in good faith believes may violate Federal, State, or local laws.
  • Exercise or defend legal claims.
  • Collect, use, retain, sell or disclose consumer information that is de-identified or in the aggregate consumer information.
  • Collect or sell a consumer's personal information if every aspect of that commercial conduct takes place wholly outside of Pennsylvania.

How would it be enforced?

The Attorney General's Office would enforce the Act. A business violates the Act if it fails to cure an alleged violation within 30 days after being notified of the violation. A violation may result in a civil penalty of up to $7,500 per violation.

The Act also creates a private right of action for violations that result in unauthorized access and exfiltration, theft, or disclosure of a consumer's nonencrypted or nonredacted personal information. The consumer must provide a 30 day notice setting forth the specific provision(s) of the Act allegedly violated. If the business fails to cure, money damages—totaling no more than $750 or actual damages per consumer—may be recovered, injunctive relief, or any other relief the court deems appropriate.

Where does it stand?

The Act was introduced to the House on April 7, 2021. It was subsequently referred to the Committee on Consumer Affairs.

What is a consumer notice in PA?

The Consumer Notice enables consumers of real estate services to make informed decisions about the business relationships they may have with real estate brokers and real estate licensees.

What is the purpose of the Pennsylvania consumer Notice quizlet?

The purpose of the consumer notice is to advise the consumer that the broker (or salesperson) is not representing the consumer in the transaction. The licensee must make it clear who he is representing from the initial interview.

Which of the following do Pennsylvania licensees owe to all consumers regardless of agency relationships?

Like licensees in agency relationships, transaction licensees must disclose known material defects about the property. * Regardless of the business relationship selected, all licensees owe consumers the duty to: * Exercise reasonable professional skill and care.

Which organization specifies in their rules and regulations the standards of conduct that each Pennsylvania licensee must follow?

Which organization specifies in their rules and regulations the standards of conduct that each Pennsylvania licensee must follow? Licensees in Pennsylvania must follow the standards of conduct aspects of five in the Pennsylvania code rules and regulations of the state real estate commission.