🏡 Pennsylvania Consumer Notice & Agency Overview

1. The Consumer Notice in Pennsylvania

In accordance with Pennsylvania real estate law, a Consumer Notice must be provided when:

  • Buying or selling residential or commercial real estate

  • Leasing residential or commercial real estate where a licensee represents the tenant

⚠ Important:
Until a business relationship is established, any information shared is not confidential.

At our first meeting, you will receive a written Consumer Notice that:

  • Describes your relationship options with a licensee

  • Lists the duties a licensee owes to all consumers, whether or not you're represented

  • Details the types of agency relationships available

2. Types of Lawful Agency Relationships in Pennsylvania

Agency TypeDescription
Seller’s AgentRepresents only the seller
Buyer’s AgentRepresents only the buyer
Sub-AgentWorks under another agent with the client’s permission
Dual AgentRepresents both buyer and seller in the same transaction
Designated AgentDifferent agents within a firm represent the buyer and seller separately
Tenant’s AgentAssists a tenant in finding/leasing property
Landlord’s AgentAssists a landlord in leasing property
Broker’s AgentAssists a party without representation; sub-agent of another broker
Property ManagerA general agent managing property on behalf of the owner
Transactional BrokerFacilitates the transaction without representing either party
Limited AgentMay act in a limited fiduciary capacity (e.g., escrow officer)

🧾 Buyer Agency Agreements in Pennsylvania

🔹 Exclusive Buyer Agency Agreement

  • Buyer agrees to work only with one agent

  • The agent represents the buyer's interests

  • Agreement includes compensation terms and agent duties

🔹 Non-Exclusive Buyer Agency Agreement

  • Buyer may work with multiple brokers

  • Only the broker who helps close the purchase receives payment

🧾 Seller Listing Agreements in Pennsylvania

🔹 Exclusive Right to Sell Agreement

  • Most comprehensive service for the seller

  • Broker earns commission regardless of who finds the buyer

  • Key terms:

    • Listing period (start & end dates)

    • Listing price

    • Broker and cooperating agent commission

    • Marketing terms

    • Property disclosure requirements

🔹 Exclusive Agency Agreement

  • Seller reserves the right to sell the property themselves

  • Broker earns commission only if they or another agent finds the buyer

  • Offers exposure with some seller flexibility

🔹 Open Listing Agreement

  • Non-exclusive: multiple brokers may list the property

  • Only the broker who brings the buyer gets paid

  • If seller finds buyer: no commission owed

  • Often informal; written confirmation is recommended for compensation clarity

🔒 Real Estate Recovery Fund Notice

Consumers may qualify for financial recovery from this fund if a real estate licensee engages in fraud or misrepresentation.




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