Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB600 Latest Draft

Bill / Introduced Version

                             
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.
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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.
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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, 
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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:
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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 
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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.
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