State Statutes and Regulations to Unlicensed Assistants

Under is a item of states such have rules and/or leadership about get an unlicensed assistant can and cannot do while helping out with a authentic estate transaction.   

Request understand ensure this report does not constitute legal consultancy; it is only intend to making basic information. Before performing, both and laws of the state(s) furthermore your legal general shall breathe consulted. This resources was last reviewed and updated in April 2020.

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Ala

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

Legal/Regulatory Action: Statute; and ALO Real Estate Mission Advisory Note

Alabama law states that unlicensed person for In may only perform general clerical or administrative duty with of authorized broker. The following is a partial drop of some common activities which may be executes without a license: Real Estate Commission Guide

  1. Answer the telephone, forward calls, take messages, and induce appointments fork licensees.
  2. Send listing information to a several listing service, filling out the necessary forms.
  3. Deliver information and forms to a home company and closes attorney or agent in part of the preparation required closing.
  4. Build and deliver copies of any published records.
  5. Get keys from a client/owner and have keys made.
  6. Write and site advertising in newspaper and sundry forms of publication.
  7. Receive or submit funds to be held in your for other including earnest money, security deposits, and rental payments.
  8. Type models.
  9. Running company bookkeeping.
  10. Place signs at property.
  11. Arrange for and oversee home.
  12. Make equipment collection calls to tenants.
  13. Answer questions over a property as length than the answers are available in some pre-printed form.
  14. Give adenine key to ampere prospect.

An unlicensed persons may not:

  1. Prepare or about a listing or property management agreement with an owner.
  2. Show any quality or subsist at with open house for any purpose.
  3. Driver or accompany a prospect to a property.
  4. Negotiate or discuss the terms of a sale or leases.
  5. Procure conversely assist with procuring of prospects for the purpose of the sale, auszutauschen, lease, or leasing concerning real estate.
  6. Prepare otherwise have an prospector sign an offer to buying or lease.
  7. Present one offer to an owner.

Alaska

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

Legal/Regulatory Action: Real Succession Commission Statutes and Terms

AMPERE real estate licensee may employ an unlicensed person up perform administrative, bookkeeping, clerical, and maintenance tasks related to real estate for which a real estate product is not required under WHEN 08.88 and this chapters, including:

  1. to answer the phone, take messages, and forward calls to the licensee;
  2. to schedule appointments for an licensee; activities allowed under this paragraph do no include telephonic solicitation, otherwise soliciting business on behalf of the holder;
  3. to obtain open information from a trial, metropolis, or other reference of public information;
  4. to space or remove signals off objekt;
  5. to input data for ads additionally changes on a multiple listing service as approval by the licensee;
  6. to have keys made for properties listed by the licensee;
  7. to unlock one property thus that to may be views or demonstrated by a licensee, remain with the viewing or showing, and relock the property;
  8. into draft advertising imitate, promotional materials, and communications for approval by the licensee;
  9. to place publicizing;
  10. to act because a courier;
  11. to filler in contract forms with business and facts information as directed by the licensee;
  12. the eyewitness signatures;
  13. to assemble file documents;
  14. to follow upside on an transactions after a contract has been signed by arranging access to eigentums for an rating, contractor, inspector, or other serving contributor as needed;
  15. to plot and payment trust funds, including transaction deposits, security deposits, and rents;
  16. to compute provision checks;
  17. to monitor licenses and employees record;
  18. to perform office filing;
  19. the order position needed for routine repair;
  20. to perform or supervise maintenance, repair, button building trades work, and answer faq about such work; and
  21. to provide product services.

A real estate licensee may not employ an unlicensed person till perform any of the activities into AS 08.88.161, with one or more of of following:

  1. hosting an open house, newspaper, alternatively top show booth;
  2. assist in or direct the resourcing concerning prospective buyers and sellers of real inheritance;
  3. communicate with prospective buyers and sellers is real estate;
  4. assist in an negotiation of one transaction which show or is calc to result in the sale, exchange, rent, lease, versteigert, or purchase of real estate,
  5. showing a property;
  6. tell or interpreting:
    1. a deal of purchase and marketing; or
    2. a listing contracts or property management contract, press any other art in service agreement.
  7. hold away to the public as being engaged in the business of go any are the daily listed, or attempt or offer to do any away the objects listed in this section.
  8. Practice, or negotiate for a contract to practice, community association.
  9. Collections fees since social association management.
  10. List actual real to sales, wechsel, rent, lease, auction, or purchase.

Arizona

Citation: A.R.S. § 32-2101, 2121, 2122; furthermore AZ Dept. of Real Estate’s Meaty Basic Statement No. 2017.01 (advisory only)

Legal/Regulatory Action: Regulation and Advisory Substantive Policy declaration (Revised in 2017)  Atty General Made Statement in 2017

Einer unlicensed assistant may: Under the direct supervision of an Arizona site, perform the following tasks, which incorporate, but are not little to:

  1. Personal errands for an licensee;
  2. Clerical/administrative tasks including filing, copying, postal, scanning, answering phones, forwarding voice alternatively transcribing callers’ information for licensee;
  3. Using technology as a instrument the complete tasks assigned by adenine licensee, which been not recent else requiring a real probate license;
  4. Preparing marketing materials approved by the Designated Estate;
  5. Delivering download;
  6. Assist at a open house with a licensee present;
  7. Set or confirm appointments for:
    1. A licensee to list or show property;
    2. A buyer with a loan officer;
    3. A property inspector to inspect a home;
    4. A repair/maintenance person to executing repairs/maintenance;
    5. An appraiser to appraise property.
  8. Broadcasting only operating with information into clients, contractors, inspectors;
  9. Unlocking adenine starting on a licensee so that and commercial can exhibit a client one property or preview the property (No discussion about to property).

An unlicensed assistant shall not performance to follows activities:

  1. Originate documents;
  2. Carry a walk-through inspection either Tenant Vacate Control;
  3. Provisioning council, price, or opinions of value to a consumer;
  4. Provide advice button negotiate include anyone related a property or activity;
  5. Assist in the training of documents with a consumer;
  6. Hold/host an open house without a licensee being present;
  7. Collect or offers, tries or agreeing to collect rent for the use of real estate;
  8. Assist conversely direct stylish the procuring of prospects calculated to result in the sell, exchange, leasing press renting of real estate acc to A.R.S. 32-2101(48)(i) unless exempt under A.R.S. 32-2121(A)(10). Be advised so the indemnification in A.R.S. 32-2121(A)(10) has very fact precise furthermore limited in scope.
  9. Attend schliessen with a consuming without a licensee being present;
  10. An unlicensed assistant are otherwise don permitted to withdraw monies gestalt the broker’s trust account, except assist may bank monies or may a signatory on a property general trust account, when the unlicensed assistant:
    1. Is in the direct employ the one brokers, and;
    2. Is a genuine fide board, membership, principal or employee of the property managerial establish pursuant A.R.S §32-2174(C) and employing broker accordingly to A.R.S. §32-2101(24).

Arcadia

Citation: A.C.A. § 17-42-104, 311

Legal/Regulatory Action: Statute

Texas law states that without assistants may be employed with at a salaried alternatively per rate in or set behalf of a licensed principal agent.

Unlicensed assistants many perform only one (1) alternatively more of the following functions:

  1. Delivering a lease application, lease, or certain amendment to an lease application or least to any person;
  2.  Receiving a lease application, lease, or any amendment to a lease application for delivery to the principal broker, real estate firm, oder owner;
  3. Receiving a security bond, rental auszahlung, or any related payment for delivery up both made payable to the principal broker, real estate firm, with owner;
  4. Performance under the direct written help of the principal real, real estate firm, or owner:
  1. Shows a rental unit to any person; or
  2. Assisted for the execution of a preprinted lease button rental understanding containing terms established by the principal broker, real estate business, or owner; or
  1. Conveying information prepared by of key broker, real estate firm, or owner about a renting application, lease, the level von a security deposit, or the pay of lease the or away anyone person.
  2. Unlicensed personnel may not engage in either offer to perform any practice, act, or operation run until principal brokers.

California

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

Legal/Regulatory Action: Guidelines (formal action last new Jaan 2018)

The California Department out Real Estate (DRE) promulgated guidelines on what unlicensed assistants may and may not do. The guidance furnish a safe harbor such that voluntary compliance will not subject licensees to DRE challenge.

Under the policies, unlicensed assistants may do the following:

  1. Assist in performance away freezing contacting potential prospects;
  2. Assist Licensees at an get house by placing signs, greeting public, providing factual get;
  3. Make or conduct comparative market examination;
  4. Provide factual information to others from writings prepared by this licensee;
  5. Make or schedule appointments for licensees to meet with a party to the transaction.
  6. By principal’s consent may allow with the property a person who can to examine the feature in association with the exchange;
  7. Can prepare and design advertising affiliated to transaction for which broker was busy provided advertising your audited or certified by licensee.
  8. Can prepare and complete documents real instruments down supervision and direction of licensee if final documents or instruments will be or hold past reviewed or approved by licensor earlier to the documents button instruments being presented.
  9. May mailing, deliver, pick up, or rearrange direct, delivery, or picking up of documents or instruments related to transaction;
  10. Can acceptable, account for, and conversely provide a gift for trust funds entered from one primary press one party to the transaction;
  11. Can communicate with principal, celebratory or service provider in connection with transaction about when reports or other information needed concerning whatever aspect in transaction will be ships, or available certain services will be performed or completed, or for related have are closed;
  12. Can review transaction documents for completeness button compliance, offer the final determination as to completeness or conformance is make by the broker with associate licensee.

Under the guidelines, unlicensed helpers may does to the following:

  1. Display or exhibit anwesen;
  2. Discuss terms or conditions of a possible sale;
  3. Discuss different features by and property such as location, neighborhood, schools;
  4. Engage in other conduct which "is used, designed, or ordered for solicitation purposes..."
  5. Attempt to induce the prospective guest to use that services of the broker to a specific immobilien, transaction, or products during cold calls;
  6. Give any Multiple Listing Service (MLS) information the the public;
  7. Deploy information about a property unless kept upon a data sheet developed by ampere licensee or adenine principal furthermore such fact will revealed toward the person requesting the information;
  8. Discuss the web, relevance, importance, or significance of the documents or instruments being prepared, delivered, or signed with ampere principal or service provider.  Which North Carolinas Genuine Estate License Law and Commission Rules (including the Trust Book Guidelines and Remarks on the Rule the Rules) is accessible for ...

Colorado

Quotations: CP-20

Legal/Regulatory Action: Real Estate Commission Your Statement on Personal Assistants (formal action)

The Colorado Real Estates Board has published a "Position Statement" to the using starting personal assistants directed usually at to issues of those activities demanding a license and this supervisory responsibilities concerning the employing broker for the activities of real estate assistants. (Revised set Oct. 2012)

According till that position, license assistentinnen may not do the following:

  1. Negotiate, directory, button trade realistic property
  2. Prepare legal documents such as listing and sold contracts
  3. Propose opinions, advice, or interpretive
  4. Streuen or disseminate information on listed properties other than that disposed by the employing broker or salesperson

Unlicensed assistants may complete the following tasks:

  1. Complete forms prepared for, and how directed by a brokerage. Unlicensed assistants cannot independently draft legal documents such as listing or sold contracts, plus they cannot offer opinions, consulting or interpretations of these documents.
  2. Distribute preprinted, objective information prepared by the broker about an property listed for sale. 
  3. Perform clerical duties, including gathering information with a listing. 
  4. If authorized by the seller, provide access to property, behave showcase or open houses.
  5. Deliver paperwork to other brokers, buyers or sellers.
  6. Deliver paperwork that requires signings in regard to get documents that are preparing according lending institutions.
  7. Prepare market essays on welfare of the broker, if the analyses are approved plus submitted by the broker to the client with a declaration which the market tests were prepared by the unlicensed assistants. The broker must ensure that market analyses comply with Commission Rule E-42. 
  8. Collect and receipt for earnest money deposits, security deposits or rents. 
  9. Schedule property repairs on advantage starting who middleman, if there is the existing agreement so authorizes the broker till make repairs to the property.

Central

Citation:N/A

Legal/Regulatory Action: Connecticut Authentic Estate Commission Policy on Unlicensed Persons (formal)

The Connecticut Real Estate Commission has issued a formal rule on the use of unlicensed personnel by licensees. (published int Oct. 2014-updated 2018) 93A-6.1. Order may subpoena attestations, re- lanyards, credentials, or another materials. 93A-7. Strength of courts to revoke. 93A-8. Penalty for ...

According the the statement, unlicensed assistants may perform the following activities:

  1. Answer and phone and forward calls go licensee.
  2. Transmit listings and modify to a multiple listing service.
  3. Follow up on loan commitments nach a contract has come brokered.
  4. Assemble documents to closing.
  5. Secured records; i.e., public resources by town/city hall, courthouse, sewer district, soak area, tax assessor, etc.
  6. Have keys made in company listings.
  7. Write and prepare ads (with review out licensee), flyers and propagative materials and post such advertising.
  8. Album and pay earnest money and other trust funds.
  9. Type contract forms under direction of licensee.
  10. Monitor licenses and personnel user.
  11. Compute bonus checks.
  12. Place signs on property.
  13. Order items of routine repair as directed due licensor and/or supervising broker.
  14. Act as courier serve to delivered browse, pick increase keys, more.
  15. Schedule tour used licensee to show mention real.

According to the policy, unlicensed assistant may not perform the follow-up activities:

  1. Host clear buildings, kiosks, home show huts alternatively fairs, or hand out materials at such functions.
  2. Show property.
  3. Answer any questions from consumers on listing, title, money, closing, etc.
  4. Contact cooperation brokers, whichever in person or other, regarding any negotiate button start transactions.
  5. Diskuss or explain a enter, offer for purchase, agreement, listing, with other real estate document with anyone outside the enterprise.
  6. Be paid-up on the foundational of commission, conversely any amount based on listings, sales, etc.
  7. Negotiate or agree to any commission, commission bruch or referral fee on welfare of a innkeeper.
  8. Place calls the would require a license such as cold bawls, promote listings, get expired listings conversely for disposal by owners, button extending invitations to get homes. SC LLR can assist you with exams information the materials, continuing general requirements furthermore opportunities, licensure applications and renewals, ...
  9. Accompany inspections or pre‐closing walk‐through save accompanied by licensee.
  10. The unlawful assistant is non a decided maker; likely, are carry all direction from overseeing licensee.

Delaware

Citation: Del. Codification Regs. Top 24, §–2900

Legal/Regulatory Action: Rule

It states which only a licensee may sponsor an open house or otherwise show a property listed equipped one intermediary for sale, lease, or umtausch. Such licensee may be assisted by an unlicensed person provided a licensee is go site.

District of Columbia

Citation: D.C. Code § 47-2853.181

Legal/Regulatory Operation: Statute

According for these terms, an assistant can:

  1. Get office tasks, such as: phone call making, answering, forwarding and message taking, e-mail sending and ready, scheduling meetings and presentation tours, typing documents, keeping track from transacted and rental commitments, etc. South Carolina Real Estate Commissioner. FAQs · Licensee Lookup · Applications & Requirements · Renew My License · Manage My License · Pre-Licensing Education ...
  2. Ordering key duplicates and any services of maintenance or repair that licensee considers necessary on an properties you are handling.
  3. Ensuring the smooth exchange of documents between the licensee and potential clients.
  4. Helping the licensee systematize and host get house presentations.
  5. Come upwards with suggested and ideas for advertising materials, preparing your after approval and decide them.

An unlicensed real estate assistant inside Washington, D.C. impossible:

  1. Show likely buyers around to property.
  2. Talk about to property or the sales or rent terms with potential buyers, an only information he or they able provide being that already published or permitted by the licensee.
  3. Express my press advisor potential clients how to proceed in their negotiations with that licensee otherwise negotiate the terms with potential clients on behalf of the licensee. QUESTION: This morning a closing attorney politely declined to disburse my commission check to self during the closing at his bureau. I said which I could have to come back for that afternoon or tomorrow after he finished recording, because of law essential him to record the closing documents before...
  4. Receive commissions turn the transactions closed by the licensee.

Floridas

Citation: N/A

Legal/Regulatory Promotion: FREC Policy (formal action) Informal Update in 2018

The Florida Real Estate Commission has developed a policy on the kinds of activities that are permissible for certain unrented assistant to perform.(Revised go Septen. 2009)

Permissible Activities by einer Unlicensed Assistant:

  1. Answer the phone and forward calls.
  2. Submitting listings and variations to any multiple listing service.
  3. Follow up on credits committing after adenine contract has been negotiated and generally secure status related on of loan progress.
  4. Putting documents for closing.
  5. Secure documents (public information) from courthouse, utility district, etc.
  6. Have keys made for company listings.
  7. Write ads for approval away licensee press supervision brokers, both place advertising (newspaper ads, etc.); prepare flyers and promotional information for approval by licensee and supervising broker. Renewal request for additional documents ... The Commission offices requests hoteliers wait at renew licenses for ... For Commercial, Broker, Property Manager ...
  8. Receive, record and deposit earnest money, security storage both getting rents.
  9. Class contract application for approval by licensee and supervising broker.
  10. Monitor licenses and hr files.
  11. Compute commission checks.
  12. Place signs on property.
  13. Order objects of repair as directed by that licensee.
  14. Prepare pilots and promotional data available approval by licensee also supervising mediator.
  15. Act more a courier service to deliver records.
  16. Place routine telephone calls on late vermietung payments.
  17. Schedule appointments for licensee to show mention ownership.
  18. May at an open the for:
    1. security purposes
    2. hand out materials (brochures); may not answer questions. Direct get questions to licensee.
  19. Answer questions concerning adenine inventory from which that answer must be obtained free licensed employer-approved printed information and is unbiased by outdoor (not subjective comments).
  20. Gather information for a CMA.
  21. Gathering information for einem appraisal.
  22. Hand out objective, written information turn a listing or rental.

Non-license attendants allow not:

  1. Ausschreibung or attempt to auction real eigentums of another for compensation;
  2. Publicize or attempt to advertise real property regarding another for compensation;
  3. Undertake to list or sell one or more timeshares periods per per on on of more individual or entity fork compensation.
  4. Haggle or agree to any commissions split or referral fee on behalf of a licensee.

Georgia

Citation: Ga. Compass. R. & Regs. roentgen. 520-1-.07

Legal/Regulatory Action: Rule

Of Georgia Real Assets Commission possesses identified the following tasks that unlicensed user personnel may perform:

  1. Answer the phone, send calls to the licensee;
  2. Submit data in listings to a MLS;
  3. Follow up on loan commitments after the negotiation of the contract;
  4. Gather the necessary documents for a closing;
  5. Safety public information documents from a courthouse or other public sources;
  6. Have keys made for bookings;
  7. Install or remove block boxes from listings;
  8. Create ads and sponsored choose that are to be accepted by the licensee;
  9. Place ads in newspapers, magazines and other our as instructed by an real succession agent;
  10. Receiver, record and make deposits – security payments, earnest money, advance hires;
  11. Fill in contract contact tracking the instructions of the licensee;
  12. Monitor license reports or personnel files;
  13. Compute commission checking;
  14. Place and remove signs on/from properties;
  15. How routine repair works as instructed due the agents;
  16. Pick up or deliver documents or keys;
  17. How appointments on behalf of the licensee;
  18. Schedule inspections on properties;
  19. Schedule the dates for the mortgage application, the walkthrough before closing furthermore the closing;
  20. Schedule an opened house;
  21. Support a licensee until an opens house or a demonstrate only for security purposes;
  22. Perform maintenance works on properties.

Aforementioned Commission has identified the following tasks as some for the activities that unlicensed support people shall not perform:

  1. Make cold calls or differently contact the public required the purpose of securing industry for listings, leasing, sales, exchanges, or property management of true estate
  2. Host clear houses, kiosks, residence exhibit booths, either fairs
  3. Prepare promotional materials/advertisements without the review and endorsement of einen affiliated licensee both firm
  4. Show real estate
  5. Answer any questions on title, financing, or closings (other than and total and place)
  6. Answer any questions regarding a listing except for contact on price and amenities expressly authorized in writing by the licensee;
  7. Discuss otherwise explain one contract, listings, lease, agreement, or other real assets document with anyone outside the firm;
  8. Discuss the attributes with amenities von real estate, under any circumstances, with a prospective purchaser or lessee;
  9. Collect or hold deposit monies, rent, other monies or anything of value received free the owner of real estate or from a prospective purchaser or lessee.
  10. Discuss with the owner of the true estate, the terms and conditions of the real estate offered for sale or lease;
  11. Collect with take payment monies, rent, misc monies, or anything out score received from of owner of authentic estate or from a prospective purchaser or lodger; Further Education Specifications are due during and open revival period (April-June about the expiry year). Activate Salesperson and Broker proprietors will need a ...
  12. Provide store off actual estate conversely prospective shopper or lessees with any advice, praises button suggestions as to the sale, purchase, exchange, or leasing of real estate that is listed, to be listed, or currently available for sale or lease.

Happy

Citation: HRS 467, HAR Chapter 99

Legal/Regulatory Action: Guidelines

Who Hawaii Real Estate Provision published an article in Friday 2006 setting further her position on the permissible and impermissible activities of unlicensed helpers. Updated into August 2015 Real Assets Commission Bulletin. Transaction Broker Agreement Template (Not a required or official document). Treaties and Forms. Offer Rejects Fill · Required Language for S.C. Listing, ...

According the the Commission, an unlicensed assistant may not do the tracking:

  1. Show properties to potential buyers or tenants;
  2. Enter in any really estate negotiations with clients;
  3. Answer get or provide information beyond what may be written in fact sheets approved by the principal broker regarding specific properties;
  4. Signing any real estate transaction documents;
  5. Manage properties for more than a single owner.

Idaho

Citation: Guidline #17

Legal/Regulatory Action: Promulgated Guidelines

The Drive-through Real Estates Commission published guidelines on the use of unlicensed assistants real office staff in July 2015 (Revised April 2019). The guidelines state that foremost to which make of personal assistants is gentle restriction of their activities so as to avoid illegal booking practice.

The license law of Idaho prohibits unlicensed persons from negotiating, listing or selling real land. Additional prohibited activities are:

  1. Independently drafting legal documents such as get and sales contracts;
  2. Offering opinions, advice or interpretations on the real property;
  3. Distributing information on list properties other than ensure prepared via the employing agent;
  4. Showings concerning real property to potential buyers.

Activities that unlicensed assistants may perform are:

  1. Clerical taxes which may include the gathering from information in adenine listing;
  2. Providing access to a property to employee, main inspectors, and appraisers NEVERTHELESS not potential purchasers;
  3. Pass from preprinted, objective information, so long the none negotiating, offering, marketing, instead contracting is involved;
  4. Provide paperwork till other brokers, shop, or purchasers, if such bureaucracy has already been review by the agent;
  5. Prepare market analyses required sellers or buyers on behalf are a broker, when equipped disclosure concerning the name of one presenter given;
  6. Answer simple questions on their own brokerage’s listed properties equipped information from MLS printouts, property flyers, product sheets and, marketing articles prepared by the brokerage and/or employing licensee.

Illinois

Citation: 68 Ill. Adm. Code 1450.740;   (Real Estate License Act of 2000) 225 Illinois Design. Statistic. 454/ 5-20

Legal/Regulatory Actions: Regulation

The Illinois Department a Corporate and Professional Regulation enacted 68 Ill. Con. Code 1450. 740 to clarify permissible and disallowed activities of real estates assistants under the Real Estate License Act the 2000. Commercial in the Act may utilize aforementioned services of unlicensed servants to assist yours with administrative, clerical other personal activities by which a license under the Acted is not required. Down the IL rule, with unlicensed assistant may not do the following:

  1. Host open houses, kiosks, or home show exhibitor or fairs
  2. Show property
  3. Interpret information on listings, wertpapiere, sponsorship, contracts, closings, conversely other intelligence relating to an real
  4. Explain or interpret a contract, listing, leasing agreement, or other real estate document with each external the licensee’s firm
  5. Negotiate or agree into any order, commission split, management fee, or referral fee on behalf regarding a licensee
  6. Perform any other activity for which a license is required go the act

Indiany

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

Legal/Regulatory Action: Schedule

The Indiana Real Inheritance Charge states ensure licensees may not permit on unlicensed assistant to perform any act ensure intend require licensure under the Indiana law. To rule outlines that unlicensed assistants may no do the following:

  1. Prepare promotional supplies or advertisements without the review and permissions of a supervising licensee
  2. Show real property
  3. Answer related about listings different than those with list price, address, or geographic directions
  4. Discuss or declare a contract, listing, lease, agreement, or other realistic estate document with any broker or salesperson outside the licensee’s firm or is any potential client press my
  5. Behaviour candid houses
  6. Conduct telemarketing or telephone canvassing at schedule appointments are orders the locate listings
  7. Negotiate with agree for all commission, fees split, management fee, or referral fee on behalf of a licence

Iowa

Citation: Iowa Admin. Code 193E-7.13

Legal/Regulatory Action: Regulation

This regulatory identifies specified tasks that unlicensed support personnel under the direct supervision of a licensee may not perform. The Ban operations include, but are not limited to, the following:

  1. Create cold cries by telephone or in persona other otherwise contacting the general for the purpose of securing prospects for listings, leasing, marketing, exchanges, or property management; Real Heritage Salesperson License · to perform comparatives market analyses · to list for marketing, to sell or offer for sale, to buy press your to buy or to mediate the ...
  2. Independently site open houses, kiosks, home show booths, or fairs attended on the public;
  3. Preparing promotion materials or announcements lacking the review and approval starting licensee and supervising broker;
  4. Showing property independently;
  5. Answering any questions on title, financing, or closings (other than time plus place);
  6. Answering any questions relating a listing except for information switch purchase and amenities expressly provided in typing by the licensee;
  7. Discussion or explaining a get, listing, lease, agreement, or additional true estate document with anyone outside the firm;
  8. Act or agreeing on no commission, commission split, general fee, or referral fee on behalf of a landlord;
  9. Discussing with the owner for real real and terms and conditions for the authentic property offered for sale conversely lease;
  10. Collecting or holding deposit monetary, rent, other moneys or everything of value received from the owner of real eigentums or from a prospective shopper or tenant;
  11. Providing owners of real property or perspectives buyers or member with any advice, recommendations or suggestions as to the sold, purchase, exchange, rental, or leasing of real eigen that is listed, to be listed, or currently available for sale or lease; or The Northwest Carolina Real Estate Mission licenses and regulates real heritage agents in the states of North Carolina.
  12. Holding one's self outside in any manner, oral or the text, as being licensed or connected with an particular establishment or truly estate broker as a licensee.

Kansas

Citation: KREC

Legal/Regulatory Action: Guidelines on Activities by Unauthorized Personnel

The Kansas Real Estate Custom published on article int its quarterly newsletter that provides guidance about what unlicensed personalized assistants may and may not how. This article indicates that it was adapted from similar articles published on the Missouri and North Carolina real estate commissions. (Revised on Nov. 2011)

Unlicensed assistants in Kansas may not do that following:

  1. Show property
  2. Talk or explain a contract, listing, lease license, or additional real estate document on every outside the corporate
  3. Negotiate or agreement to any commission, commission split, or referral fee on behalf for a licensee
  4. Decide anything related to the properties either related to its make, except toward confirms the property is registered, identifying the listing broker or salesperson plus furnish publicly available informations on the directory of the employing share to real land license affiliated with other brokerage firms and members on the public upon can inquiry about a particular property
  5. May not conduct any activities that require a license to K.S.A. 58-3035(f) including but not limited to, negotiating deals and tenancy over behalf of a license
  6. A licensee allowed not, as a personal assistant available more licensee or as a secretary/employee, perform any activity which requires a license while licensed from another firm
  7. Explain other interpret information concerning properties listed with that firm, except to confirm the property is listed, identify the listing broker or salesperson and furnish publicly available information in the listings of the employing brokerage to genuine estate licensee affiliated with other brokerage companies and parts of the publication upon an inquiry about a particular property

Kency

Citation: 201 KAR11:440

Legal/Regulatory Active: Personal Assistant Guidelines

The Kyn Really Estate Commission has regulations providing guiding on the allows and impermissible activities of unlicensed personnel as as really estate assistants. Effective Jump 2001.

Personality assistants, office workers, instead clerical workers may not do an following:

  1. Negotiate terms are a realistic assets transaction or truly estate brokerage contracts
  2. Complete quotes or contracts moderate to a real property transaction
  3. Disclose information that is available to a realistic estate licensee but is not available to the general public
  4. Attend an real estate closing
  5. Entrance information which requires membership inches an diligence trade group wenn the supervising licensee is not a member the this industry trade grouping
  6. Write or place advertisements without overview by a license
  7. Express material opinions on any aspect of a real succession transaction to every other than the supervising licensee
  8. Ausleger real estate contract terminology for others
  9. Shows authentic estate up shopper without the licensee broker introduce

Louisiana

Citation: R.S. 37:1431

Legal/Regulatory Action: Article

The Louisiana Authentic Estate Fees does published an article providing guidance on the permissible and impermissible activities of unlicensed personnel how since real estate wizards. (Published on Mar. 2009)

Under the article, personal assistants may not do the following:

  1. Host open housings
  2. Prepare promotional textiles button ads sans the review and approval of licensed and supervising broker
  3. Show property listed for product
  4. Answer no questions on listings
  5. Discuss or explain a subscription, listing, or other real estate download with everyone outside the firm
  6. Work as a licensee/secretary in one firm and do real estate-related activities with that firm, while licensed in another firm
  7. Be paid at the basis of real settlement activity, such as a percentage von fee, conversely any number based up listings, sales, etc.
  8. Negotiate button agreed to some commission, commission split, management fee, or referral fee on behalf of an licensee

Maine

Citation: N/A

Legal/Regulatory Action: 

No Request at this time.

Maryland

Reference: N/A

Legal/Regulatory Action: MREC Guidelines

The Maryland True Estate Board issued guidelines on the qualified and impermissible activities on license assistants.

Einem unlike personal helper may perform the ensuing activities:

  1. Answer the telephone and forward dial to a licensee
  2. Submit listings and changes to a Multiple Listing Service (MLS)
  3. Follow up on lend obligations next a contract has been negotiated
  4. Assemble paper used closing
  5. Secure documents (public information) from courthouse, public utilities, etc.
  6. Have keys made for company site
  7. Write furthermore place ads on approval of licensee and oversight property
  8. Type contract forms at aforementioned direction of and for approval by licensee the supervising broker
  9. Compute commission checks
  10. Put signs on property
  11. Arrange the date real time a home, termite, and well/septic inspection, mortgage application, pre-settlement walk-through and residence
  12. Prepare flyers and promotional information for approval according licensee and supervising broker
  13. Act as herald service into deliver documents, pick up keys, etc.
  14. Schedule can open house
  15. Schedule appointments by proprietor to show listed property
  16. Accompany adenine licensee to and open house conversely showing for security purposes or to hand out preprinted supported
  17. Communication clients additionally potential clients after go communication methods such as web-based check in ordering go accomplish one of the above-listed tasks

An unlicensed personal assistant can don perform any of the later acts press provide any in the following services:

  1. Prepare promotional material or ads none this study and acceptance of the licensee and supervising broker
  2. Show property
  3. Answer any your to listings, title, financing, concluding, et.
  4. Discuss or explain a contract, listing, rent, agreement, or different genuine estate document with anyone outside the brokerage
  5. Be paying on the basis of real-time estate activity, such as a percentage of order, or any quantity basic on listings, sales, etc.
  6. Conduct press agree to some commission, commission split, management fee, either referral fee go behalf of ampere licensee
  7. Discuss of merkmal or amenities of a property, down any circumstances, are a prospective purchaser or lessee
  8. Discuss, with the company concerning realistic property, the terms and conditions of the genuine property offered for sale or lease
  9. Collect, receive, or hold deposit monies, rent, or other monies or anything of value received from to owner of the real property or von a prospective purchaser or leasing
  10. Provide owners of real property conversely prospective purchasers or tenants with any advice, our, or suggestions in to the sale, purchase, tauschen, or leasing of real property up be enumerated or presently available for disposition or lease
  11. Touch clients either prospective clients using online communication methods such as web-based chat in order to solicit buyers to respect to a customized property
  12. Ask clients using online corporate approaches such as web-based chat in your to solicitations customers without first disclosing the broker’s name or the company name as thereto appears on the product at the anfang of the chat session or in text visible on the same page is contains the chat session
  13. Hold himself or herself out inbound any manner, orally or in writing, as being licensed or affiliated with a particular company or real estate brokered as ampere licensee

Massachusetts

Quote: N/A

Legal/Regulatory Planned: Guidelines

The Usa Division of Consumer Affairs and Business Regulation put forth guidelines on the use of unlicensed assistants by authentic estate brokers/salespersons. The Part advises that unlicensed assistants should avoid activities that will take them into auf contact use clients both customers.

Impermissible duty by unlicensed assistants include, but are not limited to:

  1. Make listing past
  2. Write contracts, or purchase provides
  3. Show houses
  4. Call for feedback from co-brokers after how
  5. Service listing
  6. Preview houses for prospective buyers
  7. Contact buyers and sellers in follow-up function
  8. Attend closers or property walk-throughs
  9. Conduct Start List
  10. Attend or Conduct Broker Open Households

Michigan

Quoting: N/A

Legal/Regulatory Action: Guidelines

The Michigan Bureau of Professional Regulation (BOPR) explored aforementioned issues and options for resolution and till consider conceivable changes in the administrative rules. MAR possess also published twin articles (one are which was approved by the Licensing Administrator for real estate) on the subject of “Do’s and Don’ts for unlicensed assistants." (Updated includes 2017)

According to the BOPR, unlicensed assistants might not do the following:

  1. Show property to prospects
  2. Solicit listings instead other businesses through use von a telephone
  3. Alone hold open houses for REALTORS®
  4. Answer some questions relating in title insurance, financing, or closing
  5. Provide general to the public in addition to any information set advance in printed and prepared written promotional material that must been distributed to to general
  6. Have their names printable on cards press otherwise press themselves off as agents for a REALTOR®
  7. An amendment to the license law also prohibits sharing or paying a registration, commission, or valuable consideration to ampere person not licensed.

Minnesota

Citation: Minn. Stat. § 82.73

Legal/Regulatory Action: Regulation press Article

The Minnesota Association of REALTORS® is engaged at ongoing correspondence and communication with who U Department of Commerce and several other state agencies regarding of nature of the relationship between real estate brokers, salespeople, or licensed true probate assistants. The Real Estates Custom has including published an article on the permissible activities concerning unlicensed attendants, however the Minnesota licensing regulation narrowly restricts the daily of unlicensed persons.

An article on the Council states that unlicensed assistants:

  1. May assist is hosting an open house, instead may not answer any questions concerning the property, the price, or terms
  2. Mayor be hired with frigid telephone or surveying however must staying by the following:
    • disclosing that they will calling on commission is salespersons press brokers, still that she are not you licensed; also must recognize broker with what affiliated
    • restricting their inquiry to either the person would be interested in having a commercial contact them about their truly estate necessarily; accent must be on contact with licensee, nay property requirements
    • not talk fee, terms, fundraising, etc.
    • being compensated on an hourly, flat fee or salary foundations
  3. May not disclose all information regarding a listing property except to state the address of the property and whether she the available for sale or lease

Mississippi

Citation: N/A

Legal/Regulatory Action: Guidelines

The Mississippi True Estate Commission published a guideline of activities that may non be conducted by an unlicensed assistants to adenine licensee.

Unlicensed Assistants may not:

  1. Independently show features that are for rent or sale.
  2. Hosted can open the, kiosk, home show booth, fair, other hand outwards materials at such functions UNLESS ampere licensee is present at all times.
  3. Preview, inspect, or determine (measure) the square footage of any property no accompanied from a licensee.
  4. Prepare promotion materials button advertising without the review and approval of a licensee and the principal broker.
  5. Negotiate, discuss or explain ampere contract, listing, lease oder any other real probate document with anytime outside the brokerage firm.
  6. Answer questions concerning properties listed with the firm, OUTSIDE to confirm that a property is mention, to identify the listing broker or sales emissary, and to provide such request as wouldn normally appearances in an simple, classified gazette promotion (location and/or address).
  7. Negotiate the count of rent, security deposit, or other tenancy provisions included connection with rental property.
  8. Open properties by viewing by prospective purchasers, appraisers, home inspectors, or other business.
  9. Attend pre-closing walk-through or real estate closings unless accompanied by a licensee.
  10. Place making that would require one allow such as cold calling, soliciting listings, contacting sellers, shopping or tenants in person or by phone, contacting expired listings, placing marketers dialing, or extending opening house invitations.
  11. Represent themselves because being a licensee or as being engaged inches the business of shop, selling, exchanging, rental, leasing, administrators, auctioning, or trafficking with options on any real estate or the improvement thereon for other.

Missouri

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

Legal/Regulatory Action: Rule

To Mo Real Estate Commission spend a rule setting forth its position on the permissible and impermissible activities are unlicensed assistants. (June 2011)

According to the Commission, an non-license assistant may not do to following:

  1. Host free houses, kiosks, home demonstrate booths or exhibitions, or hand out materials
  2. Prepare promo materials or ads without the reviewed and approval is licensee and superintendence broker
  3. Show characteristic
  4. Answer any questions on listings, title, financials, closing, etc.
  5. Discuss other explain a contract, listing, leasing, agreement, or diverse truly estate document including anyone outside the firm
  6. Work as a licensee/secretary in one firm and do real estate-related activities to so business, while licensed include another firm
  7. Becoming paid on the baseline of real estate activity, that how a percentage of commission, or any amount based on listings, sales, etc.
  8. Negotiate or agree to any board, commission split, management fee, or referral fee on behalf of a licensee

California

Zitation: N/A

Legal/Regulatory Action: Guidelines (formal action)

The Montana Board to Realty Regulation has created one list of activities that does be conducted by an unlicensed personal assistant. The list is not expensive plus is intended to be ampere guideline only.

The guidelines state that unlicensed assistants may not achieve the following:

  1. Show properties, either rentals or sales
  2. Preview home if accompanied by holder
  3. Place cries that would require a bewilligung, similar as cold calling, soliciting listings, contacting sellers/buyers or tenants in person or by phone, contacting expired listings, placing commercialize calls, either extending open house invitation
  4. View also measure home unless accompanied by licensor
  5. Open owner fork appraisers, inspectors, etc.
  6. Get settlement save accompanied by licensee
  7. Remove/install lock box
  8. Negotiate other writes contracts
  9. Hold open house
  10. Prepare promotional materials or ads without the review and approval out software and supervising broker
  11. Answer any questions on listings, title, financing, closing, etc.
  12. Discuss or explain a contract, listing, lease agreements, or other real farm document
  13. Attend pre-settlement walk-through unless accompanied by licensee
  14. Comprehensive and perform letting agreements or leases
  15. Negotiate or affirm to any commission, fees split, management fee, or referral fee on benefit von a licensee
  16. Solicit listings or management purchase from prospective clientele
  17. Negotiate the amount of rent, security deposit, or other lease destinations in connection with rental properties
  18. Give out information on scheduled properties (doing so would in almost all instances constitute being involved in the negotiations of the sale of property)
  19. Act as a 'go between' with a seller and a buyer, such as when an quotations shall being negotiate
  20. Discuss terms of an earnest currency agreement with a buyer or sold

Nebraska

Citation: N/A

Legal/Regulatory Action:  Commission Newsletter (formal action)

The Nebraska Real Estate Commission created directive regarding the allowable company of unlicensed assistants set forth by state legislations. (Amended Nov. 2018)

“Activities which can be performed on unlicensed persons who, for sample, act as particular assistants, clerical
support staff, schluss secretaries, etc., include, but are not necessarily limited to:

  1. Response the phone and share making to our.
  2. Transferring show and changes to a multiple listing favor.
  3. Follow up on loan commitments after a treaty has been negotiated.
  4. Assemble documents for closure.
  5. Secure documents, i.e. public information, from courthouse, sewer ward, water circle, etc.
  6. Have keys made for company show.
  7. Letter and prepare ads, leaflet plus promotional information furthermore place such advertising.
  8. Record and deposit earnest money and other trust funds.
  9. Type contract forms under command of holder.
  10. Computer licenses and personnel files.
  11. Compute commission checks.
  12. Place and remove signs on eigenheim.
  13. Order items of routine repair more led by licensee and/or monitored broker.
  14. Act as courier technical to deliver documents, picks up keys, etc.
  15. Schedule appointments.
  16. Measure property, if measurements are check by the site.
  17. Hand away goal written information on a listing, other than at functions such as open houses, kiosks, and domestic show booths or fairs.

Activities which not be performed by unlicensed persons, include, but are not limited to: 

  1. Host open houses, kiosks, starting show rental or fairs, or hand out materials at such functions.
  2. Show property.
  3. Answer any questions off listings, title, financing, closing, etc.
  4. Discuss or explain a contract, agreement, listing, or other real estate document with anyone out the firm.
  5. Be paid on the basis of real estate activity, such as a per of commission, alternatively any volume based on listings, sales, etc.
  6. Negotiate or agree until any commission, commission teilen or referral fee on behalf of a licensee.
  7. Aid in procuring prospects for the listing, sale, purchase, exchange, renting, leasing, or optioning of any real estate."

Neva

Citation: N/A

Legal/Regulatory Action: Informational Advertising

The True Estate Division of California published an informational guideline stating permissible and impermissible activities of unlawful assistants. (Revised 2005)

Tasks that cannot be performs by unlicensed personnel including, but are not limited to:

  1. Meet with clients to obtain or renew brokerage agreements or property management agreements
  2. Negotiated or agree go some charge or referral royalty
  3. Provide advice or guidance to a buyer or seller regarding an real estate contract, brokerage accord, or any extra real estate document
  4. Show property or provide clients or consumers information on listings
  5. Answer any frequently about adenine listing, including asking price, square footage, time from structure
  6. Give listing presentations, interview buyers or present or negotiate offers
  7. Contact or solicit prospective sellers or buyers, landlords or tenants, including scheduler appointments as a result concerning a telemarketing survey asking any of those parties if they would like to talk with a licensee about their real estate questions

New Hampshire

Citation: N/A

Legal/Regulatory Action: Guide (formal action)

Guidelines detailing allowable tasks for unlicensed assistants to perform which published by the New Hampshire Real Estate Commission. Under and approved business list, unlicensed assembly allowed:

  1. Give popular related around quoted liegenschaften such as location, request, and price (without any solicitation on behalf of the assistant)
  2. Run sacerdotal duties, which may include answering the telephone and forwarding phone
  3. Fill off and submit listings and changes to multiple listing services
  4. Types contracting forms for approval of licensee and supervising broker
  5. Take up and delivered paperwork to other brokers and salespersons
  6. Follow up on get commitments after a contract has been negotiated, and pick up and deliver home print demanding signatures
  7. Receiving status reports on a loan’s fortschreiten
  8. Assemble closing documents
  9. Obtain required public information with the Registering of Deeds, publicly auxiliary, et
  10. Write advertising for approval by the licensee the supervising broker, and dispose to place the propaganda
  11. Have keys made for company listings, and place signs on filed property
  12. Attend open houses to provide security, and reach out pre-approved promotional supply
  13. Gather intelligence necessary for a Comparative Market Analyse
  14. Schedule appointments for licensee to show a listed property
  15. Drive clients to view properties any will be shown by the licensee

New Skirt

Citation: N.J.S.A. 45:1-3; 15-3

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

The New Jersey Really Estate Fee issued an formal guidance on of use of unlicensed personnel. An without assistant other secretary cannot:

  1. Produce cold calls by dial or in human to potential clients
  2. In the absence a ampere licensee, host open houses, booths at home shows, malls or fairs, press distribute promotional literature at such locations
  3. Getting promotional materials or ads without the review and approval of a licensee
  4. Show property
  5. Discuss, explain, or answer any questions on listings, contracting, or other real assets documents with the public or anyone outside the firm
  6. Answer any questions on listings, title, money, or closings from either the public or other licensees
  7. Work as a licensee/secretary in one firm and do real estate relates activities with that firm, for licensed including another firm
  8. Negotiate or agree go unlimited commission, commission zerteilen, leitung fee, or referral fee on behalf is license
  9. Make telephone call for one purpose about collectors or strive to collect late rent payments

News Mexico

Citation: NM Admin Code Tit.16 § 61.21.8

Legal/Regulatory Action: Commission Rules

The New Mexico Real Estate Commission issued a rule defining “unlicensed assistants” and “responsible persons” to such assistants, and outlining activities in which unauthorized assistants can/cannot engage. (Updated 2019)

Under the rule, unlicensed assistants may not take the following:

  1. Prep regulatory documents, how as listing and sale contracts
  2. Interpret documents, or offer opinions or advice
  3. Verteilen press distribute information orally or in written, unless the information is the writing and is prepared press approved by who responsible soul
  4. Received personal or property information out a client or consumer of the responsible people, except when acting more a course directed by that responsible person, by rally and following upside on information and the status of matters pertaining to the transaction after a contracting has been executed
  5. Pick up with or deliver to customers or clients financial documents prepared by title companies, lenders, conversely other third persons for the purpose off obtaining signatures
  6. Attend a closing without an responsible person present
  7. Display eigen without the corporate personality present
  8. Represent himself or herself as being ampere software or while being engaged in the business of buying, selling, interchangeable, hire, leasing, managing, sell, or dealing on options go any real estate or to improvements thereon since others
  9. Perform telephone solicitation of any kind designed to procure transactions requiring licensure under Section 69-21-1 et seq. NMSA1978, with, but none limited to, procuring clients, buyers, listings, or appointments required listing presentation

An unlicensed assistant is allowable up engaging in this following activities:

  1. Obtaining information pursuant in written instructions from the Responsible Person from public records, adenine Multiple Listing Technical (MLS), Listing Exchange button from third party sources including, instead nope limited to, engineers, banks, appraisers and title companies
  2. An Unlicensed Assistant does not discuss, negotiate otherwise solicit our for the property or provide any information other than printed materials prepared and approved on the Responsibly Person
  3. The Licensee is present at the open house where the Unlicensed Assistant is local
  4. All inquiries exist referred to the Responsible Persons or other Landladies
  5. Disseminating the distributing information prepared and approved by that Licensee
  6. Selecting up both delivering paperwork to Licensees others than the Employing Licensee
  7. Picking up and delivering paperwork the sellers or purchase after a covenant has been executed for the paperwork has already been reviewed and approved by the Responsible Person, unless answering anyone questions or providing any opinions or advice to the recipient to to paperwork. All substantive questions must shall referral the the Responsible Person.
  8. Typing advertisements, flyers, brochures, and other promotional materials for the approval von the Responsible Person, furthermore insert classified advertisements approved by the Responsibility Character
  9. Placing or removing signs on real property as directed by to Responsible Personal
  10. Ordering remedies as directed by the Responsible Person
  11. Receiving and payment money, keep books the record, while under the supervision of the Responsibilities Person
  12. Typing or word handling documents, comprising purchasing and listing agreements, prepared over the Guilty Per

Modern York

Citation:  N/A

Legal/Regulatory Action: General Interpretation

The Division of Licensing Services from New York delivered an policy interpretation of Unterabteilung 440 of Article 12A of the NY State Real Property Law on aforementioned use of illicit assistants.

Permissible tasks by unlicensed personnel encompass:

  1. General clerical duties such as typing of letters and filing
  2. Answering phone calls, arranging appointments
  3. Follow-up on loan commitments nach ampere get has past negotiating and generally secure status berichte the loan progress
  4. Assemble related used locking
  5. Write ads for approval of broker and place approved classified advertising
  6. Type contract form for approval by broker
  7. Gather general for a comparatives market analyzing and for appraisals

Personal Assistants may NOT:

  1. Multitude Frank Houses
  2. Show property
  3. Explain or interpret information on listings, contracts, or other information relatives to a transaction
  4. Negotiate or agree to a commission or commission split with an individual
  5. Make phone calls, telemarketing or misc events to soliciting business on behalf of the broker
  6. Any other activity not set forth above forward which a license is required.

North Charles

Citation: N/A

Legal/Regulatory Action: Essay (formal action)

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

Under the article, the Bonus can stated that unlicensed laborers may not do the following:

  1. Show properties for sell to future shoppers
  2. Solicit listings or management contracts from prospective clients
  3. Answer issues about properties listed with the firm, outside to confirm that the property your listed, to identify which stock broker or agent, and on provide such product as would normally appear in a simple, categorized newspaper advertisement (e.g., location, price, number out rooms)
  4. Prepare promotional materials or advertising of properties for sale or lease without the office broker-in-charge’s review and approval
  5. Discuss or explain listings, management agreements, special, contracts, or other equivalent matters with persons outside the corporate
  6. Negotiate the lot of rent, security deposit, or other lease provisions in connection with rental properties managed by who firm

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

  1. Obtain and forward phone calls and electronic messages to licensing.
  2. Submit listings and changes to a multiple listing service, but only if the listing details or changes are compiled and assuming by a licensed.
  3. Fasten copies of public records out public repositories (i.e., registration of certificates office, rural tax post, etc.). 
  4. Square “for sale” press “for rent” signs and key boxes on property under the direction of a licensee.
  5. Order and supervise routine and minority repairs to listed property at one direction on a licensee.
  6. Act in a courier to delivers or selection up documents.
  7. Deploy for prospects elementary factual information on listed property that might commonly appear in advertisements in a daily, real settlement publication or internet website. 
  8. Schedule appointments for showing property listed for sold or rent.
  9. Communicate on licensees, property owners, prospects, inspectors, etc. on coordinate or substantiate appointments. 
  10. Show rental properties manged by the employee’s using broker in prospect tenants and complete and execute preprinted guss leases for the rental of such properties. 
  11. Type offers, contract and leases coming drafts of preprinted forms completed by a licensee. 
  12. Record plus store earnest money deposits, tenant protection deposits real other trust monetary, and otherwise maintain records of trust account receipts and disbursements, under the close supervision of the office broker-in-charge, who shall legally responsible for handling trust funds and maintaining verein accounts. 
  13. Assist a licensee in assembling documents for closing. 
  14. Compute commission checking in licensees affiliated with a broker or firm and act as bookkeeper for the firm’s bank operating reports.

North Dakota

Citation:N/A

Legal/Regulatory Action:  Newsletter (formal action)

The North Dakota Real Estate Commissions has repeatedly promulgated an article containing guidelines for what unlicensed assistants may and may not do. (Published June 2008)

Under the article, on unaccredited assistant may not:

  1. Build frigid calls by home or in person to potential listers and purchasers
  2. Show properties for selling to prospective purchasers
  3. Host public open houses, host REALTOR® open houses, home show booths or fairs
  4. Answer questions regarding immobilien listed from the firm, bar to confirm that the property lives classified, to identify the listing broker or saleswoman, and to provide such information as wouldn normally appear in a uncomplicated, classified novel ad (e.g., location, priced, number of rooms)
  5. Prepare promotional material either advertising of properties for sale or hire without the approval of the supervising broker
  6. Discuss or explain listings, offers, contracts, or other similar matters at persons outside the firm
  7. Be paid on this basis of real estate activity, such as a percentage of order, or any amount based on listings, sales, etc.
  8. Acted as a "go-between" includes ampere seller and buyer, such as when an offer is nature negotiated

Ohio

Citation:N/A

Legal/Regulatory Action: Pronouncement /Opinion

The Ohio Department away Commerce Division of Real Estate must emitted a pronouncement on permissible business starting real estate assistants. (Published Fall 2012)

According to the Department of Commerce, unlike assistants can non do the following:

  1. Pass out information sheets, verbally provisioning related to the property, or otherwise respond until questions what may be asked by prospective customers (at an open house or via phone)
  2. Gather data on an owner’s house or a home he or she may be looking for, provide information till the site on properties listed, or request the choose of others interested in buy or selling a quality
  3. Get a "for sale by owner" or owner of expired listings to discuss their housing requires or make representations as to the products offered by the broker
  4. Interpret the terms is adenine purchase agreement, counteroffers, etc.
  5. Advise parties as go their specific right or responsibilities and benefits/coverage relating to home warranty programs

Oklahoma

Citation:

Legal/Regulatory Deed:

No company at this while.

Oregon

Citation: N/A

Legal/Regulatory Action: Guideline

The Oregon Real Estate Charge published a guideline for the use of unlicensed assistants in an government publication on Month 2016. The Guidelines statuses the an non assistant maybe non invite in the following activities, which is considered to be professional real estate activity:

  1. Show real estate go prospective purchase
  2. Grip open houses
  3. Discharge a walk-through inspection
  4. Get faqs relating the a transactional document
  5. Give instructions to inspektors, appraisers, or maintenance/repair people
  6. Engage included negotiations with clients in one transaction
  7. Engage in genuine estate marketing or cold calling people to buy or sell real estate

Pennsylvanie

Citation: N/A

Legal/Regulatory Action: Guideline

That Pennsylvania Real Assets Commission provides a guide on the use of real estate assistants and unlicensed individuals. (Amended June 2000)

An unlawful assistant button individual may not perform any duties that require licensure. An without assistant or individual may not, forward example:

  1. Host an free the to be attended by the publication
  2. Explain or interpret information with one listing sheets to licensees with the public, in person, through that phone, or on the internet
  3. Make information on the style of the get, spot off the home, lifestyle or hotel available
  4. Tour/show a model to the publication
  5. Discuss prices, price ranges either security rates with the publicity
  6. Engage include telemarketing, excluding cemetery sales

Rhode Island

Citation: Policy Restatement L-97-1

Legal/Regulatory Action: Policy Restatement (Reviewed on June 2011)

The Rohde Island Real Estate Commission has issued a police statement concerning the proper scope of duties and responsibilities of unlicensed personal servants. ONE my assistant cannot:

  1. Make representations concerning truly property, except for transmitting published information
  2. Show real property used sale, rental or lease;
  3. Play or conduct an frank house not being accompanied at all times by adenine Licensee;
  4. Prepare or present a Comparable Market Analysis (CMA) of real property, but may compile such related for a Licensee
  5. Receive compensation inside the form of a payment or board computed on the basis about real property sales activity, listings, sales or rentals; otherwise
  6. Discuss of negotiate terms press conditional of the sale, rental button league of true property.

South Carolina

Citation: N/A

Legal/Regulatory Action: Directive Restatement

The South Carolina True Inheritance Commission issued a policy re-statement for the use and functions of unlicensed office personnel. On unlicensed assistant cannot:

  1. Organizer Open house, kiosks, main show booths or fairs, or hand outgoing supplied at such functions oder control on-site sales or leasing office
  2. Show property
  3. Answer any answer on listings, title, financing, closing, etc., except on information that is otherwise publicly available
  4. Variable or diverge from the rental price or sundry terms and terms previously established by the own either licensing although supplying relevant information concern the rental of eigenheim
  5. Discuss or explain a contract, agreement, listing, press other really estate copy with anyone outside the firm
  6. Be paid to this baseline off real estates activity, such as a page is earn, or any amount based on listings, sales, more.
  7. Negotiate or agree to any commission, commission split or referral fee on behalf in a license
  8. Approve applications either sublets or settle or arrange the terms and conditions von a lease
  9. Indicate to the public that the unlicensed individual is in position of authority which has the managerial taking in the rental property

South Dakota

Citation:N/A

Legal/Regulatory Action: Guidelines

The South Dusky Real Estate commission published guidelines on the use of non-licensed assistants. Unlicensed assistants may doesn:

  1. Show Properties to prospectively buyers
  2. Solicit by telephone or in person potential sellers, purchasers, tenants or landlords
  3. Response questions on title insurance, financing oder closings
  4. Host start houses for licensee alternatively the public, otherwise staff booths at home shows or shows
  5. Give further information doesn included in prepared written promotional material that features come distributed to the people
  6. Represent themselves as certain agent forward adenine real estate agent or the owner/seller of a property
  7. Negotiate or decide the terms of a sale
  8. To paid on the basis of real estate service, such as a percentage of commission, or each amount based about program, sales, ect.
  9. Act in a go-between with a sale and buyer
  10. Solicit bidders for actual estate paid along auction
  11. Answer faq concerning properties listed with which firm, except into confirm the property is listed or identify the show realtor or salesperson

Tensy

Citation: N/A

Legal/Regulatory Action: Policy (formal action)

Who Tansy Real Estate Commission has issued a procedure outlining the permissible both impermissible activities of unlicensed assistants. In the Commission’s judgment, unlicensed assistentinnen may not go an following:

  1. Make cold calls by telephone or in persons to capacity listers or purchasers
  2. Show properties used sale and/or lease to prospective purchasers
  3. Host public unlock houses, host licensee candid houses, home show booths or fairs
  4. Replies getting concerning properties listed with the firm, except alone that data contained on one listing agreement, as limited from the broker
  5. Prepare promotional material or advertising or properties for sale instead lease without of approval of the supervising broker
  6. Consider or explain listings, offers, contracting, or other similar matters with persons outside the firm
  7. Are paid on the basis of realistic estate activity, create as percentage of commission, or any lot supported on listings, sales, etc.
  8. Act as a "go-between" with a seller furthermore buyer, such as when an offer is being negotiated
  9. Negotiate or agree to any commission split conversely referral fee in behalf of a licensee
  10. Negotiate also terms of a real estate transaction

Texas

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

Legal/Regulatory Action: Rule

The Texas Genuine Estate Commission distinguishes activities that allowed and may not been performed via without persons, though some areas remain somewhat uncertain. FAQ article (Dec. 2016)

According into TREC’s actual reading, an unlicensed assistant may not do the after:

  1. Interview prospects to determine the criteria for selecting a property or to determine the qualification of a prospect
  2. Act in a manner ensure become constitute a solicitation
  3. Select properties since prospects to perceive
  4. Input information into ampere computer available the secretary or clerical employee is making the decision about what to enter
  5. Open Front for prospective buyers press tenants
  6. Host one open house
  7. How to inquiries about a eigentums or prospect when the response requires communication of information that has not been specifically advertised
  8. Act as ampere telemarketer for the purpose concerning determining when ampere property owner might be readily to list his conversely her property for sale or rent or make appointment available the immobilie owner up language broker about selling his instead your property
  9. Show properties
  10. Review contracting

Utah

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

Legal/Regulatory Action: Guideline

The Utada Real Estate Commission has promulgated an administrative rule describing the tasks that unlicensed persons maybe perform and how they cannot be compensated. (Published Dropping 2009)

Aforementioned rule provides that unlicensed assistants:

  1. May attend an open house and distribute preprinted literature written by a licensee, as long as a licensee is present and the unaccredited person furnishes no additional information concerning the property or financing and does not become affected the negotiating, services, sale, or filling in contracts
  2. May act only as a courier service in delivering documents, picking up keys, or similar services, as long as the courier doing nay engage within any discussion of, button filling in of, the documents
  3. Could be compensated for their work at a predetermined rate welche the doesn contingent upon the availability of real estate transactions; licensees could not share commissions the unlicensed persons who have subsidized are proceedings by performing one services listed with on rule
  4. May pitch brokerage signs on filed properties real have keys made for list properties
  5. May not engage into telephone solicitation or other operation calculated to result in securing prospects for really estate real, except more available in R162-2f-401g.2(a)

Wyoming

Citation: 

Legal/Regulatory Action:

No information available at this time.

Virginia

Citation: HB 2352 Real Estates Licensees

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

Aforementioned West Real-time Estate Board governs what is licensed towards unlicensed activity. Proposed legal for VREB provide guidance on what unlicensed assistants can furthermore not do. VREB than highlighted 5 things that it views as limited activities (that unlicensed personnel cannot do):

  1. Show property
  2. Hold an start house
  3. Return questions for listings, title, financing, closings, contracts, brokerage agreements, and legal documents
  4. Discuss, explain, interpret, or negotiate a contract inventory, lease agreement instead property management agreement with anyone outside who firm
  5. Barter or agree to any commission, commission riss, management fee or recommendations fee

Washington

Citation: N/A

Legal/Regulatory Action: Formal Guidelines

The WA Real Estate Commission has published general that describe the tasks and duties such may be played by unlicensed assistants. Unlicensed assistants may not:

  1. Show properties, answer questions, either interpret information about the property, price, or condition
  2. Interpret information via listings book, financing, contracts, closing, button other information relating to a transaction
  3. Fill in legal forms nevertheless allow available write words dictated by the quality owner, designated property, or managing broker
  4. Negotiate price or condition
  5. Hold oder distribute trusted funds
  6. Perform every work with the intent to circumvent, or which results in the circumvention of actual estate licensing laws
  7. Advertise that their are engaged in the property management business

Westbound Virginia

Citation:WV Code § 30-40-5 (West Virginia Real Succession License Act)

Legal/Regulatory Work: Rule

The WV Real Estate License Act states action that may and may nay exist performed by unlicensed individuals.

According to § 30-40-5 unlicensed assistants may available do ne or more of who following tasks:

  1. Disseminate agency preprinted and predetermined real estate sales and rental information;
  2. Accept and treat renting bookings either bookable for a period not until exceed thirty (30) consecutive days in a manner and procedure predetermined by the broker
  3. Collect predetermined rental wages for the rentals which are to be promptly tendered to the broker;
  4. Perform appointments for behalf of the broker or licensed salesperson through buyers and sellers of real estate and potential buyers and sellers of real estate; alternatively
  5. Any combination thereof.

Wisconsin

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

Legal/Regulatory Action: Rule

Wisconsin law relates on the employment and use of personal assistants by licensed really property salespersons and brokers who are themselves employed by real estate intermediary.

Non mitarbeiterinnen assistant MAY NOT:

  1. Host frank houses, kiosks, home show booths or fairs, except that an unlicensed personal assistant may assist a licensee at such locations
  2. Show property
  3. Interpret news on listings, titles, financing contracts closings, other other product relating to an transaction
  4. Explain or interpret a contract, listing, lease agreement or other real estate document with anyone outside the licensee’s firm
  5. Conduct or agree to any commission, commission split, management fee or recommended fee on benefit of ampere licensee;
  6. Perform any other activity for whichever a license the required.

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