Section 1

Act 58 of 1990, § 1, under REAL ESTATE LICENSING AND REGISTRATION ACT - OMNIBUS AMENDMENTS.

Act 58 of 1990, § 1

Section 1. The definitions of "builder-owner salesperson," "limited broker," "limited salesperson," "person" and "time share" in section 201 of the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act, amended March 29, 1984 (P.L.162, No.32), are amended and the section is amended by adding definitions to read:

Section 201. Definitions.

The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

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"Builder-owner salesperson." Any person who is a full-time employee of a builder-owner of single and multifamily dwellings located within the Commonwealth and as such employee shall be authorized and empowered to list for sale, sell or offer for sale, or to negotiate the sale or exchange of real estate, or to lease or rent, or offer to lease, rent or place for rent, any real estate owned by his builder-owner employer, or collect or offer, or attempt to collect, rent for the use of real estate owned by his builder-owner employer, for and on behalf of such builder-owner employer. [The term does not include any person employed by an owner of real estate for the purpose of managing or maintaining multifamily residential property: Provided, however, That such person is not authorized or empowered by such owner to enter into leases on behalf of the owner, to negotiate terms or conditions of occupancy with current or prospective tenants, or to hold money belonging to tenants other than on behalf of the owner. The term "negotiate," as used in this definition does not mean the transmission of information between the owner and current or prospective tenants, such as rental amounts, building rules and regulations or leasing determinations, so long as the owner retains the authority to make all such decisions.]

"Campground membership." An interest, other than in fee simple or by lease, which gives the purchaser the right to use a unit of real property for the purpose of locating a recreational vehicle, trailer, tent, tent trailer, pickup camper or other similar device on a periodic basis pursuant to a membership contract allocating use and occupancy rights between other similar users.

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"Cemetery broker." Any person engaging in or carrying on the business or acting in the capacity of a broker within this Commonwealth exclusively within the limited field or branch of business which applies to cemetery lots, plots and mausoleum spaces or openings.

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"Cemetery salesperson." Any person employed by a broker or cemetery broker to perform duties as defined herein under "cemetery broker."

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["Limited broker." Any person engaging in or carrying on the business or act in the capacity of a broker within the Commonwealth exclusively within the limited field or branch of business which applies to cemetery lots, plots and mausoleum spaces or openings.

"Limited salesperson." Any person employed by a broker or limited broker to perform duties as defined herein under "limited broker". No person employed by a broker to perform duties other than those activities as defined herein under "limited broker" shall be required to be licensed as a limited salesperson.]

"Person." Any individual, corporation, corporate fiduciary, partnership, association or other entity, foreign or domestic.

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"Time share." The right, however evidenced or documented, to use or occupy [a dwelling unit held in fee simple or by lease] one or more units on a periodic basis according to an arrangement allocating use and occupancy rights of that unit or those units between other similar users. As used in this definition, the term "unit" is a building or portion thereof permanently affixed to real property and designated for separate occupancy or a campground or portion thereof designated for separate occupancy. The phrase "time share" does not include campground membership.