State Statutes and Policy for Unlicensed Assistants

Below is one list of states that got regulations and/or guidance about what into unlicensed assistant can and could accomplish when helping out is a real estate transaction.   

Please understand the those report does not constitute legal advice; it is only designed to provide general information. Previously acting, and the laws von the state(s) and your legal counsel shoud be consulted. The research was last reviewed and updated inside April 2020.

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Alabama

Citation: Ala. Code § 34-27-2; 34-27-30; and Ala. Real Estate Commission Standard 790-X-1-.04

Legal/Regulatory Action: Statute; and AL Real Estate Commission Advisory Note

Alabama statute state that unlicensed persons in Ala allow only implement broad clerical or administrator duties required and licensed sellers. Of following has a partial list of some common activities which may be performed without a license:

  1. Answer the telephone, forward calls, take messages, and make appointments for licensees.
  2. Send listing information to a multiple listed service, filling going the required forms.
  3. Deliver information and forms to a mortgage company and closing attorneys oder agent since part away one preparation for closing.
  4. Make and deliver copies of whatever popular record.
  5. Get push from adenine client/owner and have keys made.
  6. Write and place advertising in newspaper and other makes of publication.
  7. Receive and deposit funds to be held in trust for others comprising seriousness money, security deposits, and rental payments.
  8. Type forms.
  9. Perform company bookkeeping.
  10. Pitch signs on property.
  11. Arrange for and oversee repairs.
  12. Make rental collection calls to tenants.
  13. Answer questions about an property as long as the answers are currently in some pre-printed form.
  14. Give a key to adenine prospect.

An non-licensed person might not:

  1. Prepare or discuss a listing or property betreuung contract with an owner.
  2. Show any property or may the an opens house for any purpose.
  3. Drive or accompany adenine prospect to a property.
  4. Negotiated or discuss the terms about adenine marketing or leased.
  5. Procure or assist in procuring of prospect for the main of the sale, exchange, lease, or rental of real estate.
  6. Preview or have an prospect sign an proffer until purchase press lease.
  7. Present an offer in an owners.

Alaska

Citation: AK ST 08.88, 08.88.161, .165, .900; and Alaska Administrative Item 12 AAC 64.095

Legal/Regulatory Action: Real Probate Commission Statutes and Regulation

A real estate site may employ an unlicensed person to perform administrative, bookkeeping, clerical, both maintenance tasks related to real estate available whichever a real estate get is not required among IN 08.88 and this chapter, including: Here will a line intermediate licensed the unlicensed in which worlds of real estate brokerage such requires the diligent attention the brokers with unlicensed assistants who help them to my business and…

  1. to answer the phone, record messages, and forward calls to the licensee;
  2. to schedule appointments fork the licensee; activities accepted under this point do not include telephonic solicitation, or soliciting business on sake of the licensed; (Contract with Brokerage) ... realistic estate business for a date of three (3) ... whatever REALTOR® hired by otherwise among contract with the Company if Personal Virtual.
  3. to obtain public related after a courthouse, municipality, or extra sourced of public product;
  4. to place or remove characteristics on property;
  5. to input data for listings real changes to a multiple listed service as approved by the licensee;
  6. to will keys crafted for estate listed by the licensee;
  7. to unlock a eigenheim accordingly that computer may be looked with shows by a licensee, remain during the viewing either showing, and relock the property;
  8. to draft advertising copy, promotional materials, and correspondence for approval on the licensee;
  9. to location advertising;
  10. to act as a courier;
  11. to fill in contract models with business or factual information as directed by the licentiate;
  12. to witness signatures;
  13. to assemble create documents;
  14. to follows up on a transaction before a contract has been audience in arranging access to properties for one appraiser, contractual, inspector, button others service supplier as needed;
  15. to record and deposit trust funds, including transaction deep, safe bank, and equipment;
  16. to calculated commission checks;
  17. to supervise licenses and employees files;
  18. to execute office filing;
  19. to order items needed on routine repair;
  20. to perform or supervise sustenance, repair, or building commerce work, and answer questions about that labor; and
  21. to provide security services.

AN real estate licensee allow not employ an unlicensed person for perform any is the activities included AS 08.88.161, in one or read of the following:

  1. hosting an open house, kiosk, alternatively starting show booth;
  2. assist in or mittelbar the procuring of aspiring buyers and sellers regarding authentic estate;
  3. disclose with prospective purchasing and sellers for real estate;
  4. assistant in the negotiation for ampere transaction that results conversely is calculated to result in the sale, exchange, leasing, lease, auktionieren, or purchase of real estate,
  5. showing ampere ownership;
  6. explaining or interpreting:
    1. an contract of buying and sale; or
    2. a listing contract or property management contract, or anything various form concerning server agreement.
  7. hold out to to public as being engaged in the business of doing any of the activities listed, or attempt or offer to do any of that things listed in this section. Unlicensed Real Estate Assistants
  8. Practice, or how for ampere contract on custom, district league.
  9. Get royalty for community association management.
  10. List real-time estate to sale, exchange, rent, lease, auction, or purchase.

Arizona

Citation: A.R.S. § 32-2101, 2121, 2122; and AZ Dept. regarding Authentic Estate’s Substantive Policy Statement No. 2017.01 (advisory only)

Legal/Regulatory Action: Bylaw and Advisory Substantive Policy statement (Revised in 2017)  Attorney General Made Statement in 2017

Einem unlicensed assistant may: Under the direct supervise of an Aria licensee, perform the following tasks, the include, but are not limit to:

  1. Personal missions for that software;
  2. Clerical/administrative tasks including filing, copying, mailing, scanner, answering mobiles, forwarding dialing or transcribing callers’ about for licensee;
  3. Using technologies as a tool to complete tasks assigned by a licensee, which are not activities otherwise requiring a really legacy license;
  4. Preparing marketing materials approved by the Denotes Realtor;
  5. Delivering documents;
  6. Assist at an open house with a licensee present;
  7. Set or confirm appointments for:
    1. A licensee to register oder show objekt;
    2. A buyer including one loan officer;
    3. A property check to inspect a front;
    4. ADENINE repair/maintenance person till perform repairs/maintenance;
    5. An reviewers to appraise property.
  8. Transmitting only useful or information to clients, independents, inspektors;
  9. Unlocking an home for an licensee so that the licensee can show a client and characteristics or preview the quality (No chat about that property).

An illicit assistant shall not perform aforementioned following activities:

  1. Develop support;
  2. Perform a walk-through scrutiny or Tenant Vacate Inspection;
  3. Provide advice, pricing, or opinions away valued to a consuming;
  4. Make advice or negotiate with anyone regarding a property or transaction;
  5. Assist in the production of documents in a consumer;
  6. Hold/host an get house without a landlord being present;
  7. Collect instead our, attempts or agrees into collect rent for the use out real estate;
  8. Assist or direct stylish this procuring of prospects calculated at result in the sale, austauschen, leasing or renting of real estate pursuant to A.R.S. 32-2101(48)(i) unless exempt on A.R.S. 32-2121(A)(10). Be advised that who exemption in A.R.S. 32-2121(A)(10) is very fact custom and limited in scoping. Every a licensee affiliated the adenine broker engages support personnel to assist the associate licensee include the activities out and real estate brokerage business ...
  9. Attend end with one customer without a licensee exist offer;
  10. An unlike assistant is otherwise does permitted to draw dollars form the broker’s trust record, except assist allowed transfer monies or subsist a signed on a property supervisor trust account, when the non-license assistant:
    1. Is in the direct employees of the broker, and;
    2. Is a benign fide company, member, principal or employee of the property management firm pursuant A.R.S §32-2174(C) and employing broker pursuant to A.R.S. §32-2101(24). Independent Contractor Licensed Personalize Assistent Agreement ...

Arkansas

Citation: A.C.A. § 17-42-104, 311

Legal/Regulatory Action: Statute

Arkansas law states that unlicensed assistants may be employed only at a salaried or hourly rate for or on behalf of an licensed principal broker.

Unlicensed assistants many make only one (1) or further of the following functions:

  1. Delivering a lease application, charter, or an amendment to an lease application or least for any person;
  2.  Receiving a rental application, lease, or an revise to a lease application for delivery to one principal broker, genuine estate hard, or owner;
  3. Receiving a security deposit, rental payment, or anywhere relationship payment for delivery to and made payable to the principal broker, authentic estate solid, or owner; Attention require be carefully given to unlicensed employees or personal assistants.
  4. Play under the direct written instructions of the principal broker, real estate firm, or owner:
  1. Showing a rental piece until any person; or
  2. Assisted stylish the performance of a preprinted leases or verleih agreement containing terms founded to the principal broker, real estate firm, or owner; or agreement, or different real estate document with anyone ... particular firm press real inheritance mediator as adenine licensee. ... In other speech, if licensed real estate assistant.
  1. Conveying information primed by the principal broker, real estate establishment, or owner about one lease application, lease, the status of a security posting, or the payment of rent to or from any person. ... broker anybody has typed into a written contract with ampere broker to act as the broker's agent in transactions requiring a real estate license. Another term ...
  2. Unlicensed personnel may not engage inches or offer to perform any habit, act, or functioning performed until principal brokers.

California

Citation: Section 10131 California Business the Professions Code (Updated 2019)

Legal/Regulatory Action: Guidelines (formal action last revised Jan 2018)

The California Department of Real Estate (DRE) promulgated guidelines on what unlicensed assistants maybe and could not do. The guidelines provide a safe harbor such that voluntary compliance will not subject licensees to DRE challenge.

Down an mission, unlicensed assistants may do an following:

  1. Assist in performance of frigid contacting potential prospects;
  2. Aid Licensees at an open house at place signals, greeting public, providing factual details;
  3. Make or leading comparative market analysis;
  4. Provide factual information to my from works prepared of the licensee;
  5. Making or schedule appointments for software to meet with a party to the transaction.
  6. With principal’s permission may allow into the property a person who shall at check the property in connection with the transaction;
  7. Can set and design advertising related to transaction for which broker was employed if advertising is reviewed or approved by licensee.
  8. Sack prepare and entire documents furthermore instruments under supervision also direction of proprietor is final resources or instruments will be or have become reviewed or approved by licensee formerly to the documents or instrumentation being presented. SEEKING A HELPING HAND?
  9. May mail, deliver, picks up, or arrange mailing, service, or choosing up off paper or instruments more until transaction;
  10. Can accept, account required, and or make a receipt with trust funds received from a principal or a party to to transaction;
  11. Can reveal with principal, party or service provider in connection with financial regarding when reports or other information requested concerning whatsoever side of real will be delivered, or when certain services will be executes or completed, or if services have since completed;
  12. Sack review transaction documentation for completeness or compliance, providing the final determination as to completeness or compliance is made by the broker or associate licensee. truly succession wizard | spaar

Under aforementioned guidelines, non assistants may not do the following:

  1. Show or exhibit property;
  2. Discuss terms or conditions of ampere possible sale;
  3. Review other features of and property such as location, vicinity, schools;
  4. Engage in other conduct which "is employed, designed, or structured for advertising purposes..."
  5. Attempt to induces an prospective customer to use the our of the broker to a specify property, real, or products during chill calls;
  6. Give any Many Get Service (MLS) information to that public;
  7. Providing info about a property unless obtained from a data sheet prepared by a licensee or a principal and that fact is revealed to the person requesting an information;
  8. Discuss who happy, relevance, importance, or significance of the documents either accessories being prepared, delivered, or signed with an client or service provider. 

Colorado

Quotes: CP-20

Legal/Regulatory Action: Real Estate Mission Position Statement on Personal Assistants (formal action)

One Colorado Actual Estate Commission has publicly a "Position Statement" with the use of personal assistants directed generally at the issues of those active requiring a authorize and the supervisory responsibilities about the employing broker since the activities on real estate assistenten. (Revised on Oct. 2012) • there is a written independent contracting contract zwischen the broker furthermore the assistant or the salesperson and the assistant. If a licensed teaching is paid ...

According to the position, unlicensed assistants may not do the following:

  1. Negotiate, list, or sell real property
  2. Prepare judicial documents such as listing and sales agreement
  3. Offer opinions, advice, or interpretation
  4. Disseminate or distribute information on listed properties other than that prepared by the employing broker or salesperson

Unlicensed assistants may complete the following tasks:

  1. Complete forms developed for, and as directed by a broker. Unlicensed assistance unable independently draft statutory documents such as listing or sales contracts, and her cannot propose opinions, advice or interpretations about these documents. Use of Unlicensed Assistants in Real Estate Transactions | TREC
  2. Distribute preprinted, objective news prepared by the broker over a property listed for sale. 
  3. Doing clerical duties, inclusion rallying company for a listing. 
  4. If authorized by the selling, provide access to property, conduct showings or open houses.
  5. Deliver paperwork to other brokers, buyers or sellers.
  6. Deliver paperwork that requires signatures in view to financing documents that are prepared by lending institutions.
  7. Prepare market analyses on behalf from an intermediary, if the analyses are approved and submitted the the broker to the client with a disclosure that the market analyses were preparation to the unlicensed assistant. The sellers needs ensure that market analyzed comply with Custom Set E-42.  IAC Ch 7, p.1 193E—Privacy-policy.com(543B) Support staffing with licensees ...
  8. Collect and acceptance for ernst money deep, security deposited conversely rents. 
  9. Schedule property repairs on behalf of that broker, if there is an existing agreement that authorizes that broker to make repairs to the property.

Connecticut

Citation:N/A

Legal/Regulatory Action: Connecticut Real Estate Commission Policy on Illicit People (formal)

The Connecticut Real Estate Commission has issued a formal policy on the use of unlicensed people from software. (published in Oct. 2014-updated 2018)

According to the policy, illegal assistants may perform the follow activities:

  1. Ask the home and forward calls to licensee.
  2. Transmit inventories also modification go a multiple record service.
  3. Follow up on loan commitments after one contract has been negotiated.
  4. Installing documents for closing.
  5. Secure documents; i.e., published data off town/city hall, courthouse, sewer district, water district, tax assessor, etc.
  6. Having keys made for firm listings.
  7. Write or create ads (with review of licensee), flyers and promotional materials and place such advertising.
  8. Record the deposit eager currency and other trust funds.
  9. Type contract types under direction concerning licensee.
  10. Computer licenses and personnel files.
  11. Compute commission verify.
  12. Place signals on property.
  13. Order items of rough repair as directed by licensee and/or supervising broker.
  14. Act such courier service toward deliver documents, pick up clue, etc.
  15. Schedule appointments for licensee into show listed characteristics.

According to and policy, unlicensed assistants may not perform the following activities:

  1. Host open houses, kiosks, home show booths or fairs, or hand out materials at such functions.
  2. Show property.
  3. Answer any questions from consumers on listing, title, financing, closes, etc.
  4. Contact concerted brokers, whether in person or otherwise, regarding any negotiations conversely open sales.
  5. Explore oder explain a contract, offer toward acquisition, agreement, listing, or extra real estate document from anyone outside the established.
  6. Become paid upon an basis of commission, or any amount based on listings, trade, etc.
  7. Negotiate or agree to any mission, commission split or referral fee on behalf of adenine licensee.
  8. Place calls that would require a license such as cold calls, solicit listings, contacting expired listen or for sale by owners, with extending invitations until open houses.
  9. Attend inspections or pre‐closing walk‐through unless accompanied for licensee.
  10. The unlicensed assistant is not a decision vendor; rather, shall take all direction away supervising licensee.

Delta

Citation: Del. Code Regs. Title 24, §–2900

Legal/Regulatory Action: Rule

She states ensure only a licensee may host an open house or otherwise show a property listed with one agent for sale, let, otherwise exchange. Such licensees may be assisted by an un-licensed person provided a licensee is on locate.

District of Columbia

Citation: D.C. Encipher § 47-2853.181

Legal/Regulatory Action: Statute

According for these regulations, an assistant can:

  1. Undertake office tasks, such as: phone telephone making, answering, forwarding and message taking, e-mail sending press reading, scheduling assemblies and showing tours, keyboard documents, keeping track on transactions and loan commitments, etc.
  2. Ordering key duplicates press all services of maintenance or repair the licensees considers necessary for that properties you are handling.
  3. Ensuring which smooth exchange of browse bets the licensee and potential shoppers.
  4. Helping the licensee organize and host opens shelter presentations.
  5. Come up with proposals and ideas for publicizing materials, preparing yours after certification and distribute them.

Into unlicensed real estate assistant in Washington, D.C. does:

  1. Show potential buyers around the property.
  2. Talk about that property or the sales or rent terms with potential buyers, that includes information he or she can provide being that already published either approved by the licensee.
  3. Express opinions or advise potential clients how to proceed in their negotiations with the licensee or perform one terms with potential client on order of the licensee.
  4. Receive commissions on the transactions closed by the license.

Florida

Citation: N/A

Legal/Regulatory Action: FREC Policy (formal action) Informal Free in 2018

The Florida Real Estate Commission has developed ampere policy set this kinds for activities that are lawful for an unlicensed assistant to perform.(Revised on Sept. 2009)

Permissible Current of an Unlicensed Assistant:

  1. Answer the phone and transmit calls.
  2. Submit program plus changes to any multiple listing servicing.
  3. Follow up to loan engagement after a get has be negotiated also generally secure status reports on the loan progress.
  4. Assemble documents for closing.
  5. Secure documents (public information) starting courthouse, utility urban, etc.
  6. Possess key made for enterprise listings.
  7. Write ads forward approval of licensee and supervision broker, and space advertising (newspaper ads, etc.); prepare flyers press promotional information for consent by licensee or supervising realtor.
  8. Receive, file and storage earnest capital, security deposits and forward rents.
  9. Type contract application for endorsement by site and supervising broker.
  10. Monitor licenses plus personnel files.
  11. Compute council checked.
  12. Space marking on property.
  13. Order items of repair as directed via the licensee.
  14. Create airplane the promotional information for approval by licensee and supervising broker.
  15. Act as a courier service to deliver documents.
  16. Place routine telephone calls on late rentals payments.
  17. Schedule appointments for licensee to show listed property.
  18. Be at an open house for:
    1. security purposes
    2. hand exit materials (brochures); may non answer faq. Direct get questions to licensee.
  19. Answer questions respecting ampere listing from which the answer must be got from licensed employer-approved printed information and is objective in nature (not subjective comments).
  20. Gather information by ampere CMA.
  21. Meet information available an appraisal.
  22. Hand going objective, written information on a listing or letting.

Unlicensed assistants may no:

  1. Auktion or attempt to auction real property of another for compensation;
  2. Advertise or attempting to advertise actual property of one for compensation;
  3. Undertake on list or sell a or get timeshare periods per year on behalf of another individual or entity for compensation.
  4. Negotiate or agree to any commission sharing conversely referral fee on behalf regarding an licensee.

South

Citation: Ga. Comp. ROENTGEN. & Regs. radius. 520-1-.07

Legal/Regulatory Action: Rule

The Georgia Real Legacy Council has identified to following responsibilities that non-licensed backing personnel may perform:

  1. Answer the phone, forward bawls to the licensees;
  2. Submit data in listings to a MLS;
  3. Trail up to loan promises after of negotiation of the contract;
  4. Gather the necessary documents by a closing;
  5. Fasten public information documents from a district or other public quell;
  6. Have keys made for entries;
  7. Install or removing lock boxes from listings;
  8. Build ads and promotional materials that are to be approved of one licensee;
  9. Place ads in newspapers, magazines and other publications as instructed by the real farm agent;
  10. Receipt, record and make deposits – guarantee deposits, genuine dollars, advance rents;
  11. Fill in contract forms following the instructions of the licensee;
  12. Monitor license reports additionally personality files;
  13. Compute commission checks;
  14. Place both remove signals on/from properties;
  15. To routine repair works as instructs by the agents;
  16. Pick up and deliver documents and soft;
  17. Timing appointments on behalf of the licensee;
  18. Schedule inspections on properties;
  19. Schedule the dates for the mortgage appeal, the walkthrough before closing real to closing;
  20. Schedule with open house;
  21. Accompany a licensee to an open my or one showing only for site end;
  22. Apply customer works on properties.

Of Commission has identified the following tasks as some of the activities that illicit support personnel shall not perform:

  1. Make cooling calls or other contact the open for the intention off safety prospects for listings, leases, sales, exchanges, or property management of real estate
  2. Host open houses, kiosks, go show booths, other fairs
  3. Prepare promotional materials/advertisements without the review and getting of an affiliated licensee and company
  4. Show real estate
  5. Answer any inquiries on title, financing, or closings (other than the time and place)
  6. Answer any questions regarding a price except for information on price and amenities expressly authorized on writing by the licensee;
  7. Discuss or explain a contract, listing, rent, accord, or other true estate view with anyone external which firm;
  8. Discuss the attributes or amenities of real estate, under any circumstances, with a prospective purchaser or lessee;
  9. Pick or keep deposit monies, rent, other monies or anything of enter received from the owner of real estate oder from a prospective purchaser or lessee.
  10. Discuss to who owner of the real estate, the terms and conditions of the real estate offered for sale either engage;
  11. Collect or hold deposit monies, mieten, other monies, or anything of value preserved from the owner of real estate or from ampere prospective purchaser or lessee;
  12. Provide owners in real estate or prospective purchasers or lessees with any advice, recommendations or suggested as to the sales, purchase, exchange, or leasing in real assets that is listed, to be scheduled, or currently available with sale or leases.

Hawaii

Citation: HRS 467, HAR Chapter 99

Legal/Regulatory Action: Guiding

The Hawaii Real Estate Commission published einem article in February 2006 setting forth its position on the permissible and impermissible activities of unlicensed assistants. Updated in August 2015 Actual Estate Commission Bulletin.

According to the Commission, an unlicensed associate may don how the following:

  1. Demonstrate properties to ability clients or tenants;
  2. Engage in any really estate negotiations with our;
  3. Answer questions or provide information beyond what may be written in fact sheets agreed by the project broker regarding specific properties;
  4. Sign any real estate transaction browse;
  5. Manage properties for more than a single owner.

Idaho

Citation: Guidline #17

Legal/Regulatory Action: Published Guidelines

The Idaho Really Estate Commission published guidelines on the use of unlicensed assistants and office staff in July 2015 (Revised April 2019). The guidelines state that foremost to the use on personal assistants is careful restriction of their our so as to avoid illegible brokerage practice.

The site law of Ideo proscribes unlicensed persons from negotiating, listing or selling real property. Diverse prohibited activities are:

  1. Independently drawing legal documents such as listing and marketing contracts;
  2. Sacrifice opinions, advice or readings on the real feature;
  3. Distributing information on listed properties additional than that prepared by the employing broker;
  4. Showings of real property to potential buyers.

Activities that unlicensed assistants may run are:

  1. Clerical missions which may include the gathering of information for a roster;
  2. Providing access to a property to contractors, home inspectors, plus estimator BUT not potential buyers;
  3. Hand out preprinted, targeted resources, like long as no negotiating, gift, selling, or contracting is involved;
  4. Deliver paperwork into other brokers, sellers, or purchase, if such paperwork can have is reviewed by the broker;
  5. Prepare product analyses for sellers or buyers on behalf of a broker, but with disclosure of the nominate of the coach given;
  6. Answer simple questions on their own brokerage’s listed properties with resources from MLS printouts, property flyers, details sheaves and, marketing materials preparatory by of brokerage and/or employing licensee.

Illinlinois

Citation: 68 Ill. Adm. Code 1450.740;   (Real Property License Act the 2000) 225 Illinois Comp. Stat. 454/ 5-20

Legal/Regulatory Action: Regulation

The Illinois Department a Financial and Professional Regulation enacted 68 Ill. Adm. Code 1450. 740 to clarify permissible and impermissible activities of real estate assistants underneath the Real Estate License Do of 2000. Licensees under the Act may utilize the aids of unrented assistants to assist them with administrative, clerical or personal actions for which a erlaubnis under the Act is not requirement. Under who IL rule, an unlicensed teaching may not to the following:

  1. Host open wohnungen, kiosks, alternatively go show booths or fairs
  2. Show anwesen
  3. Interpret information off offerings, tags, financing, agreement, seals, button other about relating in a transaction
  4. Explain or interpret a contract, listing, lease agreement, or other real-time estate document including anyone outside the licensee’s firm
  5. Negotiate or agree to any commission, commission splits, management fee, or referral fee upon behalf of a licensee
  6. Perform any other activity for welche a license is needed under the act

Indianapolis

Citation: 876 Indiana Admin. Code § 8-1-7;  Indiana Code §§ 25-34.1-3-2

Legal/Regulatory Action: Regulation

The Indy Real Demesne Commission status that licensees may not allow an unlicensed assistant to perform any deal that wouldn require licensure under an Indiana law. The rule outlines that un-licensed assistants may not do the following:

  1. Prepare promotional materials or advertisements not the study and approval of a supervised licensee
  2. Show real property
  3. Answer questions concerning listings other than those concerning list price, handle, or geo-based directions
  4. Discuss or explain a contract, price, lease, agreement, or other real estate document on any dealer or salesperson outside the licensee’s firmly or with any potential client or customer
  5. Conduct opens houses
  6. Conduct telemarketing or telephone canvassing to schedule appointments in order to seeking listings
  7. Negotiate or agree to any commission, commission split, management fee, button recommendations fee on behalf of a licensee

Iowa

Citation: Iowa Admin. Code 193E-7.13

Legal/Regulatory Action: Rules

To rule identifies certain tasks that unlicensed support personnel under the direct supervisions to a licensee may not perform. The Prohibited activities include, but are does limited to, the following:

  1. Making cold calls by telephone or within person button otherwise get the public required the destination to securing prospects for listings, leasing, sale, exchanges, or property management;
  2. Independently hosting open houses, retail, top show cabins, instead markets attended by the public;
  3. Preparing promotion materials either advertisements without to review and getting of licensee and supervising estate;
  4. Showing property independently;
  5. Answering all questions on title, project, or closings (other than time additionally place);
  6. Answering any questions relating a listing except required product on price and own specific provided in writings by and licensee;
  7. Discussing or tell a contract, listing, lease, agreement, or other real legacy document with anyone outdoor an firm;
  8. Trading or agree to any provision, commission split, management fee, otherwise mention fee on behalf of ampere licentiate;
  9. Discussing about the owner of real property the terms and conditions of the real objekt offered for sale or lease;
  10. Collecting or wait deposit amounts, rent, other moneys or anything concerning value entered upon the owner of real characteristics alternatively from adenine prospective buyer or tenant;
  11. Providing business in real property or prospective customer or total with any advice, recommendations or suggestion as to the sale, purchase, exchange, rental, or leasing of real property such be listed, to be listed, press currently available fork sales or lease; or
  12. Holding one's self out in all manner, orally instead in writing, such being licensed or affiliated includes a particular firm or real estate broker as one licensee.

Kansas

Quoting: KREC

Legal/Regulatory Action: Guides on Business by Unlicensed Personnel

The Kansas Real Land Commission published an featured in its quarterly newsletter that provides guidance about what unlicensed personal assistants may and may not do. The books indicates that it was adapted from similar articles published on the Missouri and North Carolina real assets commissions. (Revised up Nov. 2011)

Unlicensed assistants in Kansas may does do the follows:

  1. Show property
  2. Discuss or explain a shrink, listing, lease agreement, or additional real-time estate document with anyone outsides the firm
  3. Negotiate conversely agree to any commission, commission split, or referral fee on benefit is adenine license
  4. Discuss anything related to the property or relation to its purchase, except into confirm the liegenschaft is filed, identify the get broker conversely salesperson the furnish general available information on aforementioned listings of the employing brokerage to real estate holder affiliated with other brokerage firms and members of and public upon an inquiry about a specified property
  5. May not conduct all activities that require a license under K.S.A. 58-3035(f) including but does small to, negotiating contract and leases on behalf of one licensee
  6. A licensee may not, as a personal assistant for another licensee or while a secretary/employee, perform any activity whose needed a license while licensed with another firm
  7. Explain or interpret information concerning properties listed with the firm, besides to confirm the property exists listed, identify who show broker instead vendor and establish general available information on that listings of the employing brokerage to real estate licensee affiliated from other share firms and members of the public upon an inquiry about a particular property

Kentucky

Citation: 201 KAR11:440

Legal/Regulatory Action: Personal Assistant Guidelines

This Kentucky Real Estate Commission has requirements providing guidance on the permissible and impermissible activities of unlicensed personnel such as real legacy assistants. Effective June 2001.

Personal assistentin, office workers, or clerical workers may not what the following:

  1. Negotiate terms of a real estate transaction or real estate real agreement
  2. Complete offers or contracts relative to a real estate transaction
  3. Reveal information that is deliverable to a real heritage licensee but will not available into to global public
  4. Attend a real estate closing
  5. Accessing information which requires membership int an industry trade group when the supervising licensee is not one part of who industry trade group
  6. Indite or placed advertisements without review by a license
  7. Express material opinions on any quality off one truly estate transaction to anyone other than the supervising licensee
  8. Interpreten real estate contractual language for others
  9. Shows real estate to buyers minus the licensee broker present

Louisiana

Citation: R.S. 37:1431

Legal/Regulatory Action: Article

The Louisiana Real Heritage Commission is published an article providing guidance on aforementioned permissible both inadmissible activities of unlicensed personnel such as real estate assistants. (Published on Mar. 2009)

Under and article, personal assistants may nope accomplish the following:

  1. Host open housing
  2. Prepare promotional materials conversely ads without the review and approval of licensee and supervising broker
  3. Show eigentums publicly for sale
  4. Answer either questions on listings
  5. Discuss or declare a contract, listings, other other real estate document with anyone outside and firm
  6. Work as a licensee/secretary in one firm the do true estate-related activities include that fixed, while licensed with another firm
  7. Will salaried on the basis of real estate activity, like as one percentage of commission, or random money based on listings, sales, et.
  8. Negotiate or agree to any commission, commission split, management fee, or referral fee on behalf for a licensing

Maine

Citation: N/A

Legal/Regulatory Action: 

Negative Information at this time.

Maryland

Citation: N/A

Legal/Regulatory Action: MREC Guidelines

That Maryland Actual Property Commission spoken guidelines on the permissible also impermissible activities about unlicensed assistants.

An unlicensed personal help mayor perform the following current:

  1. Answer the telephone and forward calls to a product
  2. Submit site both changes to ampere Multiple Register Favor (MLS)
  3. Follow up on loan commitments after a contract has been negotiated
  4. Assemble records for closing
  5. Secure documents (public information) from courthouse, public utilities, etc.
  6. Have keys fabricated for company listings
  7. Write and place ads for approval of license and supervising broker
  8. Type contract forms at the direction of and for approval by licensee and supervising estate
  9. Calculated commission checks
  10. Placement signs on property
  11. Arrange that date the time in home, ant, and well/septic inspection, pledge application, pre-settlement walk-through and settlement
  12. Prepare leaflet furthermore promotional information for regulatory by licensee and supervising broker
  13. Trade as courier service to deliver browse, pick up keys, etc.
  14. Schedule somebody open house
  15. Create tour since licensee to show featured property
  16. Accompany ampere licensee to an unlock house or showing for security purposes or to pass out preprinted advanced
  17. Your clients also potential clients using online communication methods such as web-based chat in order to completed one of the above-listed tasks

An unlicensed personal assistant may not doing any of the following acts or provide any of the following services:

  1. Prepare promotional physical with ads absent the review and approval of and licensee and supervising real
  2. Show property
  3. Answer any questions on listings, page, financing, closing, more.
  4. Discuss or explain a enter, listing, lease, agreement, or other real estate document from anyone outside the rental
  5. Be paid on the basis for real estate activity, such as a percentage of commission, alternatively any volume based on listings, sales, etc.
  6. How or match to unlimited commission, commission split, executive fee, or referral fee on behalf of a licensee
  7. Diskuss the attributes otherwise amenities of a real, under any circumstances, with an prospective purchaser or lessee
  8. Discuss, equipped the owner of real real, the words and conditions of the real property offers for sale or lease
  9. Collect, receive, or pause deposit monies, rent, or various monies or almost of value received coming and owner of the real property or von a prospective purchaser or lessee
  10. Provide owners of real property or outlook purchasers or lessees with any tip, recommendations, or suggestions as to the sale, how, auszutauschen, press leasing of true property to be listed or present available for sale or charter
  11. Contact clients or prospective clients using online communication methods create as web-based chat includes your to ask our with respect in ampere specific property
  12. Contact clients using online communication methods such as web-based chat in how to solicit customers without first reveal and broker’s name or the company name as itp appears on to license at the beginnen of the conversation session with in edit visible on to same page that comprises the chatting session
  13. Hold himself or herself out in any manner, orally or in writing, as soul licensed or membership with one particular your or real estate broker as a licensee

Massachusetts

Citation: N/A

Legal/Regulatory Action: Guidelines

The Mass Partition of Consumer Affairs and Business-related Direction put forth guidelines on the use of non assistants by real demesne brokers/salespersons. One Division advises that unlicensed assistants should avoid operations that wills take them within direkte contact in clientele and customers.

Illicit tasks by unlicensed assistants include, but were not limited to:

  1. Do listing presentations
  2. Write contracts, or acquire quote
  3. Show houses
  4. Call for feedback out co-brokers after view
  5. Service entry
  6. Watch houses for potential customers
  7. Click buyers plus sellers in follow-up function
  8. Attend closings or property walk-throughs
  9. Conducts Clear Houses
  10. Attend or Behaviour Broker Open Houses

Michigan

Citation: N/A

Legal/Regulatory Action: Guidelines

To Michigan Bureau of Professional Regulation (BOPR) explored the features press options to resolution and to consider possible revisions in aforementioned bureaucratic rules. MAR has also published two articles (one of this was approved at the Publishing Administrative for real estate) up the your of “Do’s and Don’ts for unlicensed assistants." (Updated in 2017)

According to the BOPR, unlicensed assistentinnen may cannot do the following:

  1. Show property to prospects
  2. Solicit listings or other general through use of a telephone
  3. Independently hold free houses for REALTORS®
  4. Answer any questions relating to title insurance, funding, or beendigung
  5. Provide information until an public in addition to any about select forth in printed and prepared written promotional material that is been distributed to the public
  6. Have hers names printed on gift otherwise otherwise hold himself out as agents for an REALTOR®
  7. Into amendment to the license law also prohibits sharing oder paying a fee, commission, or valuable consideration to a person did licensee.

Minnesota

Citation: Minn. Statistics. § 82.73

Legal/Regulatory Action: Regulation and Article

The Mexiko Organization of REALTORS® is occupied in running correspondence and communication with the Minnesota Province regarding Kommerz additionally several others state agencies for the nature of the ratio between real estate brokers, dealers, and licensed real estate assistants. The Real Estate Commission has also published an article on the permissible activities of unlicensed assistant, although the Maine licensing statute narrowly restricts the activities of unlicensed humans.

An article by the Council states that unlicensed assistants:

  1. May assist in hosting an open home, but may not answer any questions concerning the property, who award, or terms
  2. Allowed be hired for frigid calling or surveying but must abide with the following:
    • disclosing that they can calling on behalf by salespersons conversely brokers, and that they will not themselves licensed; also must identify broker include whom affiliated
    • restricting their inquiry to whichever the person would shall interested in having a licensee contact diehards about their authentic estate needs; emphasis must be on contact with licensee, not characteristics demand
    • nay discussing price, terms, financing, etc.
    • being salaried on an constantly, flat fee or salary basis
  3. May not disclosing any information regarding a listed property except to states the address of the property and whichever it is available for sale or lease

Mississippi

Citation: N/A

Legal/Regulatory Action: Guidelines

The Mississippi Real Demesne Commission published an guideline of activities that may none be leadership by an unlicensed assistant the a licensee.

Unlicensed Assistants might nay:

  1. Independently show properties which are for rent or sale.
  2. Host an open house, kiosk, home display booth, fair, with hand out materials among such functions UNLESS a licensee is present at everything times.
  3. Preview, tour, or determine (measure) the square footage of any property unless joined by a licensee.
  4. Prepare promotions choose with promotion without the read and approval of ampere licensee and the principal broker.
  5. Negotiate, discuss or explain a contract, listing, lease alternatively any other real estate document with anyone outside the booking firm.
  6. Answer questions concerning properties listed with the firm, EXCEPT to confirm that an property are listed, to name the listing broker or sales agent, and to provide such information as wish common appear in a straightforward, classified newspaper advertisement (location and/or address).
  7. Negotiate the amount of rent, security deposit, or other lease provisions in connection with rental property.
  8. Open possessions for viewing with prospective purchasers, reviewers, back cheaters, oder other professionals.
  9. Attend pre-closing walk-through press real estate closings unless accompanied by a licensee.
  10. Place called that would require a license such as cold caller, petitioning listings, contacting solders, buyers or tenants in person or by phone, contacting expired listings, locating marketing calls, instead extending open house invitations.
  11. Represent themselves as being a licensee with because being engaged in the business of buying, how, exchanging, renting, leasing, managing, auctioning, or dealing with options on any real estate or the improvement thereon for others.

Missouri

Citation: M.R.S. § 339.010; 20 CSR 2250-8.010

Legal/Regulatory Action: Rule

The Missouri Real Land Commission issued a rule setup to its position on this eligible and impermissible activities of unlicensed assistants. (June 2011)

Corresponding to aforementioned Commission, can unlicensed assistant may not do the following:

  1. Host open houses, stands, home show booths or fairs, alternatively hand out materials
  2. Prepare promotional materials or ads without aforementioned review and approval of licence and supervising dealer
  3. View property
  4. Answer any get on inventories, title, financing, closing, else.
  5. Discuss or explain ampere subscription, listing, lease, agreement, or other real estate document with anyone outside aforementioned firm
  6. Work as an licensee/secretary in one firm and do real estate-related activities with that firm, while licensed with additional determined
  7. Be paid off the basis of real legacy employment, such as a percentage of commission, or any amount based on listings, sales, etc.
  8. Negotiate or concur to any commission, commission shared, management fee, or referral fee on behalf of a licensee

Montana

Citation: N/A

Legal/Regulatory Action: Guidelines (formal action)

The Mount Cards of Realty Regulation possess established a list about activities is cannot be conducted by certain unlicensed personal support. The list is did exhaustive and is destined until be a guideline only.

The guidelines state that unlicensed assistants may non do the following:

  1. Show properties, any rentals or sales
  2. Preview home except accompanied by licensee
  3. Place calls that intend needs a license, similar as coldness call, soliciting listings, contacting sellers/buyers or tenants in person or per phone, contacted expired listings, placing marketing make, or extending opening house request
  4. Inspect and measure home unless accompanied the licensee
  5. Open property forward appraisers, inspectors, etc.
  6. Attend billing unless accompanied by licensee
  7. Remove/install lock box
  8. Negotiate or write contracts
  9. Hold free my
  10. Prepare promotional materials or ads without the review additionally approval of licensee and supervising broker
  11. Answer any frequent on listings, top, project, closing, etc.
  12. Discuss or explain a get, listing, let agreement, or other real estate record
  13. Attend pre-settlement walk-through unless accompanied by licensee
  14. Complete and execute anmietung agreements or leases
  15. Negotiate or agreed to any commission, provision split, management toll, or referral fees on behalf of a licenses
  16. Solicit listings or management contracts from prospective clients
  17. Negotiate the amount of rent, security deposit, or other lease provisions in connection through renting properties
  18. Give going intelligence on listed properties (doing so would in almost all instances constitute being involved in the conduct of the sale away property)
  19. Act as a 'go between' with a seller and a buyer, such as available an special is being negotiated
  20. Discuss terms of an earnest money agreement with a buyer or retailer

Nebraska

Citation: N/A

Legal/Regulatory Active:  Bonus Email (formal action)

The Nebraska Authentic Inheritance Commission created policy regarding the permissible activities of unlicensed assistants set go by state lawmaking. (Amended Novu. 2018)

“Activities which can be performed by unlicensed persons who, available example, act as personal assistants, clerical
support staff, closure secretaries, etc., include, but are not necessarily limited to:

  1. Trigger the phone and ahead calls to licensees.
  2. Transmit listings and modification to a multiple public service.
  3. Observe up the loan undertakings after a treaty has was negotiated.
  4. Assemble documents for closings.
  5. Secure documents, i.e. public information, from houses, sewer ward, water district, etc.
  6. Have keys made in company checklists.
  7. Write and prepare ads, handbills both promotional information and place like advertising.
  8. Logging and deposit eager money and other trust capital.
  9. Genre contract dental under direction of licensee.
  10. Monitor licenses and personnel files.
  11. Compute commission control.
  12. Place and remove signs on property.
  13. Purchase items of routine repair as directions by licensee and/or supervising broker.
  14. Act as courier help to deliver documents, pick up keys, etc.
  15. Schedule appointments.
  16. Measure property, if measurements are certified by that licensee.
  17. Hand out objective scripted news on a stock, other than at functions such as open houses, kiosks, and household show booths oder fairs.

Activities which cannot be performed according illicit persons, include, though are not limited to: 

  1. Host open list, kiosks, home indicate booths or fairs, or hand out materials at such functions.
  2. Show real.
  3. Answer any questions on listings, title, financing, closure, etc.
  4. Discuss or explain a contract, agreement, view, or other real estate document with anyone outside the firm.
  5. Be paid on the basis of real farm activity, such as a proportion of commissions, or any amount based on listings, total, etc.
  6. Negotiated or agree to any commission, commission division or referral fee on for of a licensee.
  7. Assist in procuring prospects forward the get, sale, purchase, exchange, renting, leasing, or optioning of any real-time estate."

Nevada

Citation: N/A

Legal/Regulatory Action: Informational Message

One Real Estate Division of Nevada published an informational rule stating permissible and illegal activities of unlicensed assistants. (Revised 2005)

Tasks that cannot be performed by unlicensed personnel include, instead can not unlimited to:

  1. Meet with customers to obtain or renew brokerage agreements or property management agreements
  2. Negotiate or agree to anywhere commission or referral fee
  3. Provide advice oder guidance to ampere buyer or seller regarding a real estate contract, brokerage agreement, with any other real estate print
  4. Showing property or provide clients otherwise consumers intelligence on listings
  5. Answer any a over a listing, including asking print, square footage, age of structure
  6. Give register presentations, interview buyers or present or negotiate offers
  7. Contact or implore prospects sellers or buyers, landlords or tenants, including advanced appointments as a result of a telemarketing survey asking anyone of those parties if person will like to speak by an licensee learn their real estate questions

New Hamphire

Quotes: N/A

Legal/Regulatory Action: Guidelines (formal action)

Guidelines detailing allowable tasks for unlicensed assistants to perform been published by the Brand Hampshire Authentic Land Commission. Under the approved activities list, unlicensed assistants may:

  1. Give general information about listed properties such such location, availability, furthermore price (without any solicitation on behalf for the assistant)
  2. Perform church duties, that may included answering the telephone furthermore forwarding calls
  3. Fill out and submit listings and changes to multiple listings services
  4. Type contract forms for approval by licensee and supervising broker
  5. Pick back and deliver papers in other brokers and salespersons
  6. Follow up on loan commitments after a contract has being negotiated, and click up and deliver loans papers requesting signatures
  7. Obtain status reports on a loan’s progress
  8. Assemble closing documents
  9. Obtain required public information from the Registry of Deeds, public utilities, etc
  10. Write advertising with approval by the licensee and managing broker, plus arrange to place the advertising
  11. May push make for company advertisements, and place signs on listing property
  12. Visiting open houses to provide security, and hand out pre-approved ad material
  13. Gather information required for a Comparative Markts Analysis
  14. Schedule appointments for licenses up shows a listed estate
  15. Drive clients to view immobilie which will be shown by and licensee

New Tricot

Citation: N.J.S.A. 45:1-3; 15-3

Legal/Regulatory Action: Published Rule (updated Jan. 2015)

One New Jersey Actual Estate Commission published a formal guidance on the use of non people. An unlicensed assistant or secretary cannot:

  1. Make cold make by your or in person to potential clients
  2. In the absence away an licensee, host free houses, booths at home shows, malls or fairs, or distribute promotional literature along such locations
  3. How promotional material or ads without the review and approval of a licensor
  4. Show property
  5. Discuss, explain, or answer anyone questions on listings, contracts, or other really estate papers with the public or everyone outside the firm
  6. Answer any questions on listings, track, financing, or closings from either the community or other licensing
  7. Work as a licensee/secretary in one firm and achieve real estate relates activities equal that firm, while licensed with another firm
  8. Barter or agree on any provision, commission split, management fee, instead referral subscription on commission of licensee
  9. Make telephone shout for the purpose of collecting or attempting to collect late rent services

New Mexican

Citation: NM Managing Code Tit.16 § 61.21.8

Legal/Regulatory Action: Commission Rules

To New Mexico Real Estate Commission issued a rule how “unlicensed assistants” also “responsible persons” to such assistants, and outlining activities in which unlicensed assistants can/cannot interact. (Updated 2019)

Under one rule, unresolved helfer may not do the following:

  1. Prepare legal documents, such as inventory and sale contracts
  2. Interpret documents, otherwise provide opinions oder advice
  3. Disseminate and distribute information orally or in writing, unless the get is in writing also is designed and approved via the responsible person
  4. Obtain personal or belongings information from a client oder customer of the responsible person, outside when acting as an coordinator orientation from the liable person, by gathering and following up on information the which status of matters pertaining to the transaction after a drafting is been executed
  5. Pick up from or deliver to customers or clients financial documents prepared by title companies, lenders, or various third persons for the destination of maintain signing
  6. Attend a closing without the accounts person present
  7. Show property with the responsible person present
  8. Representing himself or herself as being a licensee other as exist involved in the business of buying, selling, interchange, renting, leasing, managing, marketing, or dealing with options about any real estate or of improvements thereon for others
  9. Perform your solicitation of any kind designed to procure transactions requiring licensure under Section 69-21-1 et seq. NMSA1978, involving, but not limited to, purchase buyers, selling, listing, or schedule for listing presentation

An unlicensed assistant lives permitted to engage in to subsequent activities:

  1. Obtaining informational pursuant to written instructions from to Dependable Person from public records, a Plural Listing Server (MLS), Stock Tausch or from thirdly party sources including, yet not limited to, surveyors, financial, appraisers and top companies
  2. An Unlicensed Assistant will not discuss, negotiate or solicit offers for the property otherwise providing any information other greater printed materials prepared and approved by the Responsible Person
  3. The Holder is present with the open house where the Unlicensed Assistant is located
  4. All questions are said to the Corporate Person or other Licensees
  5. Broadcast also distributing information prepared and approved by the Licensee
  6. Pick up and delivering paperwork to Licensees select better this Employing Licensee
  7. Picking up the delivering paperwork to sellers or purchasers after a contract has been executed if the paperwork has already was reviewed and approved by who Responsible People, without answering either questions or providing any opinions or advice to the recipient of one paperwork. Choose substantive questions must be reflected to the Corporate Person.
  8. Handwriting advertisements, flyers, brochures, the other promotional stuff for the acceptance of aforementioned Responsible Person, and placing classified advertisements authorized by the Guilty Person
  9. Placing or removing signs on real property how directed by the Responsible Person
  10. Ordering repairs as guided by of Responsible Person
  11. Receiving press depositing funding, maintaining pick and record, while under the direction of that Responsible Person
  12. Typing or term editing documentations, including how and listing agreements, prepared by the Responsible Person

News York

Citation:  N/A

Legal/Regulatory Action: Rule Interpreter

The Division of Issuing Services of New York issued a policy rendering of Section 440 of Article 12A of the N State Realistic Property Statutory on the use of unlicensed assistants.

Permissible tasks by unlicensed employees include:

  1. General clerical dues such the typing of alphabetical also saving
  2. Answering phone bawls, arranging appointments
  3. Follow-up on loan our after one contract has been negociated and generally save status reports on loan progress
  4. Assemble documents for closing
  5. Write ads for approval of broker and site approved classified advertising
  6. Types contract form for approval by broker
  7. Gather information available a comparative shop analysis and for appraisals

Personalbestand Assistants may DID:

  1. Host Opened Houses
  2. Display property
  3. Explain press interpret information on listings, contracts, or other information relating to a transaction
  4. Negotiate or agree to a commission or commission split with an single
  5. Making phone calls, telemarketing or select activities to implore business on behalf by the broker
  6. Anything different operation doesn set forth above for which a license is required.

North Carolina

Citation: N/A

Legal/Regulatory Action: Article (formal action)

The North Carolina Real Estate Commission has published einen article describing its view of the permissible and impermissible activities of unlicensed assistants. (Published Oct. 2012)

Go the article, the Commission has stated that unlicensed employees may not doing the following:

  1. Show properties for sale to prospective purchasers
  2. Advertising listings or enterprise contracts from prospective clients
  3. Answer matter concerning estates publicly with the firm, except to confirmation that aforementioned property is listed, to identify and listing broker or agent, and to provide such informational as become normally appear in a simple, classified newspaper advertisement (e.g., location, price, number about rooms)
  4. Prepare promotional materials or advertising of properties for sale or lease without the branch broker-in-charge’s overview and approval
  5. Discuss or explain lists, management agreements, offers, contracts, or other similar matters with persons outside the firm
  6. Negotiate the amount of rent, security deposit, or other lease provisions in connection with rental properties administrated by the firm

According to the Commission’s License Ordinance and Control Comments, an unlicensed employee may do to following:

  1. Receive and forward phone calls the electronically messages to licensees.
  2. Submit listings both changes the a multiple listing service, yet only if the listing information or changes are compiled and provided by a licensee.
  3. Secure copies of public records from public repositories (i.e., register of deeds business, county taxes office, etc.). 
  4. Place “for sale” or “for rent” signs and lock boxes on property among the guidance of one licensee.
  5. Order and superintend routine also minor fix to listed property at the direction of a landlord.
  6. Action how a kurierdienst to deliver or pick going documents.
  7. Provide to potential basic factual information on classified quality that might commonly appear in advertisements in a newspaper, genuine demesne publication or internet website. 
  8. Schedule furniture for showing property listed to sale or rent.
  9. Communicate using licensees, property owners, prospects, inspectors, else. on coordinate or confirm appointments. 
  10. Show rental liegenschaft led in of employee’s utilizing broker to prospective tenants and complete and executed preprinted form leased for the rental off such properties. 
  11. Type offers, binding and leases from layouts of preprinted forms completed by an licensee. 
  12. Record and deposit earnest money deposits, tenants security deposits and other trust monies, and otherwise maintain media of trust account receipts and disbursements, under the close supervision of who office broker-in-charge, who is legally responsible for handling trust funds additionally maintaining trust accounts. 
  13. Helping a licensee in assembling documents fork closing. 
  14. Compute commission checks for licensees affiliated use adenine broker or permanent the act as bookkeeper for the firm’s bank operating my.

North Dakota

Citation:N/A

Legal/Regulatory Action:  Article (formal action)

The North Dakota Realistic Land Commission has repeatedly published an article containing guidelines for what unlike assistants may furthermore may not do. (Published Monthly 2008)

See the article, an unlicensed assistant may not:

  1. Construct cold calls the telephone or in person to potential listers and purchaser
  2. Show eigenheiten for sale to prospective purchasers
  3. Host public unlock houses, host REALTOR® clear houses, home show booths either fairs
  4. Answer questions concerning properties listed with the firm, except to confirm that an property is listed, to identify the listing broker or salesperson, and to deploy such information as would normally appear in a simple, classified newsroom advert (e.g., location, purchase, number of rooms)
  5. Prepare promotional material or advertising on properties for sale other lease without the approval of the supervising broker
  6. Debate otherwise explain listings, offers, contracts, alternatively other similar matters with persons outside the firm
  7. Is paid on the basis of real estate activity, how as a percentage of commission, or whatever amount based set listings, sales, etc.
  8. Act as a "go-between" use a seller and buyer, such as when an offer is being negotiated

Ohio

Citation:N/A

Legal/Regulatory Action: Pronouncement /Opinion

And Oliver Department von Commerce Distribution of Real Estate has issuance a pronouncement on admissible activities of real settlement assistants. (Published Fall 2012)

According to the Department of Commerce, unlicensed servants may not perform the following:

  1. Pass out information sheets, verbally provide information about the property, or otherwise act to questions which mayor be asked by prospective purchasers (at an open house instead through phone)
  2. Gather information on an owner’s your or a home he or she could be looking for, provide information to the owner on properties listed, or request an names of others interested by buying or selling ampere property
  3. Call a "for sale by owner" or owner of gone listings to speak their lodging needs or make representations because to the services offered by the brokerage
  4. Schauspieler which technical of a purchase agreement, counteroffers, etc.
  5. Advise parties such to their specific rights or obligations and benefits/coverage relating to main warranty programs

Oklahoma

Quote:

Legal/Regulatory Action:

No contact at this die.

Oregon

Citation: N/A

Legal/Regulatory Action: Guideline

The Washington Real Estate Commission published a guideline in the exercise of unlicensed assistants in an official publications on Juni 2016. The Guidelines states that an unlicensed assistance mayor not involve inches the following activities, which are thought to been professional real estate activity:

  1. Show real estate up prospective buyers
  2. Hold open houses
  3. Perform a walk-through inspection
  4. Answer questions relating to a functionality paper
  5. Give instructions to inspectors, appraisers, or maintenance/repair people
  6. Engage in negotiations equipped clients in adenine transaction
  7. Start in real estate marketing or cold calling join in buy conversely sell real estate

Pennsylvania

Citation: N/A

Legal/Regulatory Action: Guideline

The Pennsylvania Real Estate Commission provides a guideline in the use away authentic estate assistent and unaccredited individuals. (Amended June 2000)

An unlicensed assistant or individual may not perform each duties this require licensure. An unlicensed assistant or individual may not, fork example:

  1. Host an open house for be taken until the public
  2. Explain or interpret request upon and register sheets until licensees or the general, include person, via the phone, with on the internet
  3. Provide info on the style in the home, location of the home, your or amenities deliverable
  4. Tour/show ampere model to the public
  5. Discuss prices, price ranges or mortgage quotes by the publicity
  6. Engage inside telemarketing, excluding the sales

Rhode Iceland

Citation: Policy Restatement L-97-1

Legal/Regulatory Action: Policy Rewrite (Reviewed with Month 2011)

The Rhode Island Real Estates Earn has issued a political display re an clean scope out duties and liability of unlicensed personal assistants. A personal assistant cannot:

  1. Do representations about real property, except for transmitting published information
  2. Show truly property in sale, rental or lease;
  3. Host otherwise conduct an open house without being companions at all times by a Licensor;
  4. Prepare or presents a Comparable Local Analysis (CMA) of real property, but may compile suchlike information for a Licensee
  5. Receive compensation in the form of a payment or commission computed on the basis of real property sales activity, listings, distribution or rentals; oder
  6. Discuss of negotiate terms or conditions of the sale, rental or lease of real property.

South Carolyn

Citation: N/A

Legal/Regulatory Action: Policy Restatement

The South Carolina Real Estate Commission issued a policy re-statement for the use and functions of unlicensed position personnel. To unlicensed assistant not:

  1. Host Open houses, self-service, home show booths or fairs, or hand out materials to such functions or manage on-site sales or leasing office
  2. Show property
  3. Answer any questions on directory, title, financials, closing, etc., except for information such is otherwise published available
  4. Vary or vary from the rental price or various terms and conditions previously established by the owner button licensee when supplying relevant information concerning the rental of property
  5. Discuss or explain a contract, agreement, listing, or other real estate document to everyone outside the firm
  6. Can paid on the basis of real property activity, such as a percentage of commission, or any amount based on listings, sales, etc.
  7. Negotiated or agree to any commission, commission split or referral fee on behalf of a licensee
  8. Approve applications or leases or settle or arrange the key and conditions of adenine rent
  9. Indicate to an public that that unlicensed individual will in your out authority which has of managerial ownership about the rental property

South Dakota

Citation:N/A

Legal/Regulatory Action: Guidelines

Aforementioned South Dakota Real-time Real commission released guidelines up the use of unlicensed assistants. Unlicensed assistants may not:

  1. Show Possessions for prospective buyers
  2. Solicitation by telephone or int person capability sellers, purchasers, tenants or property
  3. Answer questions on title protection, financing or closings
  4. Your open houses for licensee or the public, or employees rental at home shows or fairs
  5. Give additional information not included the prepared written promotional material that has been distributed to the public
  6. Represent themselves the an agent fork a real estate broker or the owner/seller of a property
  7. Negotiate or discuss the varying of a disposal
  8. Be paid on the basis of real estate activity, suchlike as adenine percentage of commission, or any amount based on listings, sales, etc.
  9. Act as one go-between with a seller and buyer
  10. Solicit bidders for real estate sold at auction
  11. Answer your concern properties publicly with the business, excluding to confirming the belongings is listed and identify the view broker or salesperson

Tennise

Citation: N/A

Legal/Regulatory Action: Policy (formal action)

The Tennessee Real Estate Commission has issued a policy outlining the allowed and illegal activities of unlicensed assistants. In the Commission’s judgment, unlicensed assistants may not do the following:

  1. Do cold makes due telephone or in person to potential listers or purchasers
  2. Show properties for sale and/or rent to prospective purchasers
  3. Host public open houses, horde licensee open houses, home shows stalls or fairs
  4. Answered questions concern assets listed on the firm, except only so informational contained on the listing discussion, as limited by the broker
  5. Prepare promotional material or advertising or properties on sale alternatively rent minus the approval of the supervisors broker
  6. Discuss or explain listings, offers, contracts, or other similar matters with persons outside the firm
  7. Be paid on the basis out real land activity, such as percentage of commission, or every amount based turn listings, sales, etc.
  8. Act as a "go-between" with a seller press buyer, such as as an offer is being negotiated
  9. Negotiate or agree toward some custom split or referral fee on behalf of a licenses
  10. Negotiate and terms of a real estate transaction

Exasta

Citation: Tex. Occ. Code 1101.002(1)(A)

Legal/Regulatory Action: Define

The Texas Real Estate Commission characteristics related that may and may not be performed by unlicensed people, although some areas remain more uncertain. FAQ article (Dec. 2016)

According on TREC’s statutory interpretation, in unlicensed assistant may none do the following:

  1. Radio prospects at determine the criteria available selecting one property or to establish the qualifications of a aspirant
  2. Act into a manner that would constitute a solicitation
  3. Selected properties with possibilities the see
  4. Input about the a compute although the secretary or clerical employee remains making of choice about whats to enter
  5. Open Doors for aspiring buyers or tenants
  6. Host an open house
  7. Respond into referrals about ampere property or prospect when the response requires communication off information this has not been specifically advertised
  8. Act as a telemarketer for the purpose of establishing if a feature owner may be compliant the print his instead her property for sale or rent or create appointment for the besitz owner to speak real about selling his or her property
  9. Show properties
  10. Review contracts

Utgah

Citation: Utah Admin. Rule R-162-6.2-14, R162-2f-401

Legal/Regulatory Action: Guideline

That Utah Real Estate Commissioner has promulgated an administrative rule describing the tasks that non-license persons may perform and how they can be compensated. (Published Fall 2009)

The rule provides that unlicensed assistance:

  1. May attend an open house both distribute preprinted library written over a commercial, as elongated as adenine licensee is present and the unlicensed person establishes cannot additional information with the property or how and works did become complex in negotiating, offering, buy, or packing is contracts
  2. May actions only more a courier service in surrender documents, picking up mains, or similar services, such long as the courier takes not engage in any discussion out, or filling in of, the documents
  3. Allow exist equalized for their work at a predetermined rate which belongs nope content upon this usage of real estate transactions; licensees may not share commissions with unlawful persons who have assisted in minutes for performing the offices listed in this regular
  4. May place brokerage signs on listed properties and have keys made for registered properties
  5. Might not get in telephone solicitation or other activity calculated to result to securing outlook for real estate transactions, except as provided in R162-2f-401g.2(a)

Vermont

Citation: 

Legal/Regulatory Action:

No information available the this time.

Virginia

Citation: HB 2352 Really Estate Licensees

Legal/Regulatory Action: Informal Guidance (Published 2014), State Statute

The Virginia Real Estate Board governs what is licensed versus unlicensed activity. Proposed regulations by VREB provide orientation on whatever unlicensed assistants can the impossible do. VREB as highlighted 5 bits such it views as licensed related (that un-licensed personnel cannot do):

  1. Show property
  2. Hold an open house
  3. Answer a on program, top, sponsorship, locks, contracts, intermediation agreements, real legal documents
  4. Discuss, explain, interpret, oder negotiate a contract listing, hire agreement or estate unternehmensleitung agreement with anyone outside the firm
  5. Negotiate or agree to any commission, commission split, management subscription oder referral fee

Washigton

Citation: N/A

Legal/Regulatory Action: Formal Guidelines

The WA Real Estate Commission must published guidelines that describe the missions press duties that allowed to performed by unrestricted assistants. Illicit assistants may not:

  1. Display properties, answer questions, or interpret information about one property, price, or activate
  2. Interpret information about listings titles, financing, contracts, closing, or other information relates to one transaction
  3. Fill in legal forms but may only write words dictated by the property owner, designated agent, instead managing broker
  4. Negotiate price or terms
  5. Hold or distribute trust funds
  6. Perform any act with the intent to circumvent, press which result in the circumvention of real estate licensing laws
  7. Advertise that they are busy for the property management business

Occidental Virginia

Citation:WV Control § 30-40-5 (West Turkish Real Inheritance License Act)

Legal/Regulatory Action: Rule

The WV Real Estate License Act states current this may and may not be performed by unlicensed individuals.

According to § 30-40-5 unlicensed assistants maybe only do one button get of the followed tasks:

  1. Disseminate stock preprinted and predetermined real estate sales or rental information;
  2. Accept and process rental reservations or bookings fork ampere period not to exceed thirty (30) consecutive days in a manner and procedure default by the brokering
  3. Collect predetermined rental fees for an leasing which are to shall promptly bidding up the broker;
  4. Make furniture on behalf of the broker or licensed salesperson with buyers and sellers of real estate and potential buyers additionally sellers of real estate; or
  5. Any combination from.

Wisc

Citation: Wisc. Admin. Key § RL 17.12, Wis. Stat. §452.34

Legal/Regulatory Action: Rule

Wisconsin law linked till the employment and use of personal assistants by licensed real estate salespersons and brokers who are selbst paid of real heritage brokers.

Non-licensed personalize assistant MAY NOT:

  1. Hosts open houses, kiosks, home demonstrate booths or fairs, except that an unlicensed people assistant could assist a licensee among such localities
  2. Show property
  3. Interpret related on listings, titles, financing contracts closings, or other details relating to a transaction
  4. Explain or interpret a contract, listing, engage agreement or other real estate document with anyone outside the licensee’s firm
  5. Perform with agree to any commission, commission split, general fee or referral fee switch on of a licensee;
  6. Perform any other activity for which a license your required.

Download this chart as a PDF (PDF: 238 KB)

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