PRINTER'S NO. 608 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.600 Session of 2025 INTRODUCED BY NEILSON, SANCHEZ, PIELLI, HILL-EVANS, GIRAL, CIRESI, HADDOCK, KHAN, McANDREW, FIEDLER AND GREEN, FEBRUARY 12, 2025 REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 12, 2025 AN ACT Providing for regulation of housing wholesalers. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Short title. This act shall be known and may be cited as the Residential Housing Wholesalers Registration Act. Section 2. Definitions. The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Applicant." An individual applying for an initial license. "Commission." The State Real Estate Commission established under the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act. "Homeowner." The record owner or equitable owner of a residential property. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 "License." A residential property wholesaler license required under section 3. "List." The do-not-solicit list created under section 5. "Renewal." A renewal of a license that has not lapsed or expired. "Residential property." A property legally used or held out for individuals to live in, whether the property is occupied by the owners of the property, rented or vacant. "Residential property wholesaler." A person or entity that is in the business of purchasing or soliciting for purchase residential properties not for use as the person or entity's residence. The term does not include: (1) A public official or employee who acts as a residential property wholesaler in the course of the official or employee's official duties. (2) A person or entity that purchases residential properties and substantially improves those properties for the purpose of resale. (3) Any of the following licensed professionals when acting within the scope of a licensed practice area: (i) An attorney licensed to practice law in this Commonwealth. (ii) A person licensed by the Pennsylvania Real Estate Commission under the Real Estate Licensing and Registration Act. "Solicit." To advertise the accomplishments or abilities of a residential property wholesaler, request that a homeowner list the residential property owned by the homeowner for sale or offer to purchase a homeowner's residential property through mail, oral communication or electronic communication. 20250HB0600PN0608 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 3. License required. (a) License required.--A person or entity may not act as a residential property wholesaler unless that person or entity possesses a valid license. (b) License issuance.--The following shall apply to licenses under this act: (1) Applications for licenses and renewals shall be filed on forms developed and provided by the commission. (2) Licenses and renewals shall be issued in accordance with regulations, which shall be promulgated by the commission. (3) Licenses and renewals shall be valid for one year. (4) All application and renewal forms must include: (i) A nonrefundable application fee of $200. (ii) Proof that the applicant possesses insurance, in a type and amount as the commission shall require. (iii) The name and address of an applicant or, if the applicant is not a natural person, the name and address of a responsible natural person. (iv) Each Pennsylvania corporation, including a limited liability corporation, in which the applicant has an equity interest, regardless of whether the applicant has a direct equity interest or the applicant's equity interest is held through one or more tiers of a corporate structure, including a parent-subsidiary structure. (c) Criminal history record search required.--An applicant may only be issued a license if, after a criminal history record search of the applicant has been performed by the commission, the commission has determined that the applicant has not, within the past six years, been convicted of a crime of fraud, 20250HB0600PN0608 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 dishonesty, breach of trust or deceit or for violating the act of March 17, 1978 (P.L.15, No.9), known as the Agricultural Liming Materials Act. (d) Changed information.--An applicant or licensee shall notify the commission in writing within 72 hours of any changes in the information contained in or submitted with the application. Section 4. Disclosure required. (a) Disclosures.--A licensee must provide a homeowner with a disclosure at least three days before presenting an offer to purchase a homeowner's residential property. The disclosure must do all of the following: (1) Inform the homeowner of how to access resources that assess the fair value of residential properties, including any private real estate assessment tools as may be identified by the commission by regulation. (2) Inform the homeowner of the seller's ability to do all of the following: (i) Hire a real estate agent. (ii) Seek legal counsel. (iii) Identify any other resources deemed appropriate by the commission. (b) Signature required.--The residential property wholesaler shall retain copies of each disclosure signed by the homeowner as proof of providing the disclosure to the homeowner. Section 5. Do-not-solicit list. (a) Creation.--The commission shall create and maintain a public list of real property owners who have expressed a desire to not be solicited to sell or rent the property owner's real property in accordance with the following: 20250HB0600PN0608 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (1) A real property owner who appears on the list may request in writing that the commission remove the real property owner's name from the list. (2) The commission shall remove the real property owner's name from the list within 30 days of the request. (b) Inclusion on list.--The inclusion on the list of any real property owner shall be deemed a desire not to sell or rent the homeowner's real property and a desire not to be solicited. Section 6. Unlawful actions. (a) Solicitation.--It shall be unlawful for a licensee to solicit real property from a homeowner on the list. (b) Statements.--A licensee or applicant may not, in the course of soliciting residential property, do any of the following: (1) Knowingly make a material misrepresentation, false promise or untruthful advertisement or engage in conduct which demonstrates bad faith, dishonesty, untrustworthiness or incompetency. (2) Knowingly give false or misleading information when completing a license application or when providing changes of information to the commission. (c) Refusal or revocation of license.--A history of violation of the prohibited conduct listed in this section shall be cause for refusal or revocation of a license or renewal. Section 7. Enforcement. (a) Unlicensed residential property wholesalers.--An agreement of sale entered into by a residential property wholesaler who is unlicensed at the time of the solicitation may be rescinded at any time prior to the transfer of the title to the homeowner's property at the sole option of the homeowner. A 20250HB0600PN0608 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 homeowner may bring a civil action in a court with competent jurisdiction against the residential property wholesaler. (b) Other violations.--A violation of any other provision of this act shall be considered a violation of the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act, and shall be subject to any penalty contained therein. Section 8. Applicability. This act shall not apply to cities of the first class. Section 9. Effective date. This act shall take effect in 60 days. 20250HB0600PN0608 - 6 - 1 2 3 4 5 6 7 8 9 10 11