Which of these pieces of information can be found in the Pennsylvania consumer notice?
Nancy Pageau 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:
Nancy Pageau, ABRBuyer AgentNancy was born in Rhode Island and has lived in Pennsylvania for 30 years. Her BA degree in Communication, including personal and business communication, ... Explore topicsApril 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:
What types of information would it cover?Under the Act, personal information would include:
The following publicly available information would not be considered personal 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:
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:
Upon request from a consumer, a business that sells or discloses the personal information of consumers will be required to disclose the:
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 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:
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.
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