We found no Pennsylvania rule against a real-estate agent acting as the mortgage loan originator on the same purchase. The Real Estate Licensing and Registration Act requires consent and bars undisclosed compensation, and the State Real Estate Commission rules require a written financial-interest disclosure.
What Pennsylvania requires
- Obtain the consent and make the compensation disclosure 63 P.S. 455.604(a)(7) and (19) require.
- Give the written financial-interest disclosure in 49 Pa. Code 35.283.
- Hold an active Pennsylvania MLO license sponsored by a licensed mortgage company.
What the rule says
Acting for more than one party in a transaction without the knowledge and consent in writing of all parties for whom he acts.
Paying or accepting, giving or charging any undisclosed commission, rebate, compensation or profit or expenditures for a principal, or in violation of this act.
If the consumer chooses to use any of the services in subsection (d), the licensee shall provide the consumer with a written disclosure of any financial interest, including, a referral fee or commission, that the licensee has in the service.
What applies in every state
- Both licenses must be active. The mortgage side is an individual MLO license, sponsored by a licensed mortgage company, with the SAFE test, 20 hours of education and a background check behind it.
- Federal law sits above the state rule. RESPA Section 8 bars pay for a referral, and Regulation Z sets what a loan originator may be paid for. Compensation on the mortgage side is for origination work performed. The RESPA and referral-fee explainer walks through it.
- The lender on the loan has its own rule. FHA permits the dual role since 2022. Conventional lenders decide file by file in writing.
- The buyer keeps the right to choose any lender, and the disclosure says so.