Unlicensed assistants: Real estate

These guidelines describe the tasks and duties that may be performed by:

Real estate assistants

Unlicensed assistants who work under the direct instruction and supervision of a licensed broker or managing broker may perform the following tasks and duties:

Unlicensed assistants may…

  • Provide information about the characteristics of a real estate listing or the terms of a transaction, as written and approved by a real estate licensee.
  • Pick up or deliver documents and keys (basically act as a courier).
  • Follow up on loan commitments and pick up or deliver loan documents after a contract has been negotiated.
  • Write and place advertising.
  • Gather market analysis information.
  • Perform normal clerical duties such as typing, scheduling appointments, etc.
  • Transport people to properties and surrounding areas of interest. While performing this duty, they may only provide answers that are on preprinted material prepared by a real estate licensee.
  • Obtain any public information from government offices, utility companies, title companies, etc.
  • Make keys, install boxes, and place signs on the property.
  • Greet people at an open house, distribute preprinted media material, and help provide security.
  • Submit forms and changes to a multiple listing association.
  • Check on the progress of loans, credit reports, etc.
  • Receive rent payments and compute commission checks.
  • Record and deposit earnest money and security deposits.
  • Order or perform repair or maintenance.
  • Conduct telemarketing or phone canvassing to schedule appointments to seek clients, provided:
    • Compensation isn’t conditioned upon receipt of compensation by the licensee or firm.
    • They don’t provide any other brokerage services.

Unlicensed assistants may NOT…

  • Show properties, answer questions, or interpret information about the property, price, or condition.
  • Interpret information about listings, titles, financing, contracts, closing, or other information relating to a transaction.
  • Fill in legal forms or negotiate price or terms.
  • Hold or disburse trust funds.
  • Perform any act with the intent to circumvent, or which results in the circumvention of, real estate licensing laws.

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Property management assistants

Unlicensed assistants who provide property management brokerage services for the owner, designated broker, or managing broker may perform the following tasks and duties:

Unlicensed assistants may…

  • Deliver lease applications, leases, or any amendments.
  • Receive lease applications, leases, amendments, security deposits, rental payments, or any related payment for delivery to, and made payable to, the owner or real estate firm.
  • Show rental units.
  • Execute leases or rental agreements, rental payments, or any related payment for delivery to, and made payable to, the owner or real estate firm.
  • Act as a scrivener, completing blanks on preprinted and preapproved rental agreements with the exact language provided by the property owner, designated broker, or managing broker. The unlicensed assistant may exercise no discretion over the language used to complete the blanks on a rental agreement, but may only write words dictated by the property owner, designated broker, or managing broker.
  • Provide information about rental units, leases, lease applications, security deposits, and rental amounts to prospective tenants.
  • Assist in property management functions by carrying out administrative, clerical, financial, or maintenance tasks.

Unlicensed assistants may NOT…

  • Advertise that they are engaged in the property management business.
  • Hold trust funds.

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