what can an unlicensed real estate assistant do

Ensuring the smooth exchange of documents between the licensee and potential clients. Clerical/administrative tasks including filing, copying, mailing, scanning, answering phones, forwarding calls or transcribing callers information for licensee; Using technology as a tool to complete tasks assigned by a licensee, which are not activities otherwise requiring a real estate license; Preparing marketing materials approved by the Designated Broker; Assist at an open house with a licensee present; A repair/maintenance person to perform repairs/maintenance; Transmitting only instructions or information to clients, contractors, inspectors; Unlocking a home for a licensee so that the licensee can show a client the property or preview the property (No discussion about the property). The guidelines provide a safe harbor such that voluntary compliance will not subject licensees to DRE challenge. Open properties for viewing by prospective purchasers, appraisers, home inspectors, or other professionals. Before acting, both the laws of the state(s) and your legal counsel should be consulted. Deliver paperwork that requires signatures in regard to financing documents that are prepared by lending institutions. Trained real estate assistants, licensed or unlicensed can do some tasks that keep you buried and away from such things as building your data base, working directly with clients, and providing great customer service. Assist in performance of cold contacting potential prospects; Assist Licensees at an open house by placing signs, greeting public, providing factual information; Make or conduct comparative market analysis; Provide factual information to others from writings prepared by the licensee; Make or schedule appointments for licensees to meet with a party to the transaction. Assist in procuring prospects for the listing, sale, purchase, exchange, renting, leasing, or optioning of any real estate. Assist a licensee in assembling documents for closing. Meet the continuing education (CE) requirement in state(s) where you hold a license. America's largest trade association, representing 1.5 million+ members, including NAR's institutes, societies, and councils, involved in all aspects of the residential and commercial real estate industries. Other prohibited activities are: Activities that unlicensed assistants may perform are: Citation:68 Ill. Adm. Code 1450.740; (Real Estate License Act of 2000) 225 Illinois Comp. 740 to clarify permissible and impermissible activities of real estate assistants under the Real Estate License Act of 2000. Auction or attempt to auction real property of another for compensation; Advertise or attempt to advertise real property of another for compensation; Undertake to list or sell one or more timeshare periods per year on behalf of another individual or entity for compensation. Open House Duties Westend61 / Getty Images Hosting and/or distributing literature at an open house is allowed if: an unlicensed assistant does not discuss, negotiate or solicit offers for the property or provide any information other than printed material prepared and approved by the responsible person; and What Can an Unlicensed Real Estate Assistant Do? - Pro R.E.A. Staffing Show rental properties managed by the employees employing broker to prospective tenants and complete and execute preprinted form leases for the rental of such properties. Code Regs. The Indiana Real Estate Commission states that licensees may not allow an unlicensed assistant to perform any act that would require licensure under the Indiana law. Discuss or explain listings, offers, contracts, or other similar matters with persons outside the firm. Permissible Activities of an Unlicensed Assistant: Citation:Ga. Comp. Get keys from a client/owner and have keys made. Provide to prospects basic factual information on listed property that might commonly appear in advertisements in a newspaper, real estate publication or internet website. Here are Figueroa's tips: Offer specific incentives. PDF Guidelines for Unlicensed Assistants who Work in the Real Estate Industry Clerical duties which may include the gathering of information for a listing; Providing access to a property to contractors, home inspectors, and appraisers BUT not potential buyers; Hand out preprinted, objective information, so long as no negotiating, offering, selling, or contracting is involved; Deliver paperwork to other brokers, sellers, or purchasers, if such paperwork has already been reviewed by the broker; Prepare market analyses for sellers or buyers on behalf of a broker, but with disclosure of the name of the preparer given; Answer simple questions on their own brokerages listed properties with information from MLS printouts, property flyers, data sheets and, marketing materials prepared by the brokerage and/or employing licensee. Place calls that would require a license such as cold calls, solicit listings, contacting expired listings or for sale by owners, or extending invitations to open houses. Unlicensed assistants cannot independently draft legal documents such as listing or sales contracts, and they cannot offer opinions, advice or interpretations of these documents. (Updated in 2017). Answer the phone and forward calls to licensees. Schedule property repairs on behalf of the broker, if there is an existing agreement that authorizes the broker to make repairs to the property. FIG Team members earn points for tracked activities, such as 20 conversations with potential clients. The Real Estate Commission has also published an article on the permissible activities of unlicensed assistants, although the Minnesota licensing statute narrowly restricts the activities of unlicensed persons. Show properties for sale and/or lease to prospective purchasers. National, state & local leadership, staff directories, leadership opportunities, and more. With principals consent may allow into the property a person who is to inspect the property in connection with the transaction; Can prepare and design advertising related to transaction for which broker was employed if advertising is reviewed or approved by licensee. VREB as highlighted 5 things that it views as licensed activities (that unlicensed personnel cannot do): Legal/Regulatory Action:Formal Guidelines. Secure documents; i.e., public information from town/city hall, courthouse, sewer district, water district, tax assessor, etc. Order items of routine repair as directed by licensee and/or supervising broker. An unlicensed real estate assistant can help you with property management tasks such as scheduling maintenance appointments, coordinating repairs, and managing tenant communication. 5. Open property for appraisers, inspectors, etc. Prepare or discuss a listing or property management agreement with an owner. Analysis of commercial market sectors and commercial-focused issues and trends. REALTORS Political Action Committee (RPAC), Mission, Vision, and Diversity & Inclusion, Statute; and AL Real Estate Commission Advisory Note, Real Estate Commission Statutes and Regulations, Statute and Advisory Substantive Policy statement, Guidelines (formal action last revised Jan 2018), Real Estate Commission Position Statement on Personal Assistants (formal action), Connecticut Real Estate Commission Policy on Unlicensed Persons (formal), Guidelines on Activities by Unlicensed Personnel. Complete listing of state and local associations, MLSs, members, and more. 454/ 5-20. The rule outlines that unlicensed assistants may not do the following: This rule identifies certain tasks that unlicensed support personnel under the direct supervision of a licensee may not perform. 2009). Show any property or be at an open house for any purpose. 32-2101(48)(i) unless exempt under A.R.S. Unlicensed Assistants Do's and Don'ts - Move In Michigan to coordinate or confirm appointments. The New Jersey Real Estate Commission issued a formal guidance on the use of unlicensed personnel. What Can an Unlicensed Real Estate Assistant Do? Stay informed on the most important real estate business news and business specialty updates. Licensees under the Act may utilize the services of unlicensed assistants to assist them with administrative, clerical or personal activities for which a license under the Act is not required. 24 percent receive a salary. May be hired for cold calling or surveying but must abide by the following: disclosing that they are calling on behalf of salespersons or brokers, but that they are not themselves licensed; also must identify broker with whom affiliated, restricting their inquiry to whether the person would be interested in having a licensee contact them about their real estate needs; emphasis must be on contact with licensee, not property needs. Fulfill your COE training requirement with free courses for new and existing members. The Illinois Department of Financial and Professional Regulation enacted 68 Ill. Adm. Code 1450. According to the policy, unlicensed assistants may perform the following activities: According to the policy, unlicensed assistants may not perform the following activities: Citation:Del. 1. answer the telephone and forward calls and emails to a licensee; 2.submit data on listings to a multiple listing service; 3. check on the status of loan commitments after a contract has been negotiated; 4. assemble documents for closings; 5. secure documents that are public information from a courthouse and other sources available to the public; a buyer or seller, or perform any other function that a real estate agent traditionally performs in providing a . The unlicensed assistant is not a decision maker; rather, shall take all direction from supervising licensee. 2023 National Association of REALTORS. NARs operating values, long-term goals, and DEI strategic plan. Can Your Unlicensed Assistant Do That? - Texas REALTORS Answer the phone and forward calls to licensee. Attend inspections or preclosing walkthrough unless accompanied by licensee. A real estate virtual assistant can be your right hand by providing support for diverse tasks like lead generation, property listings, data entry, database management, and setting appointments. Pulling information from the public records or the MLS is something an unlicensed personal assistant can handle, as long as they have written permission to tackle the job from the agent. There is a line between licensed and unlicensed in the world of real estate brokerage that requires the careful attention of brokers with unlicensed assistants who help them with their business and may work directly with buyers and sellers. Secure copies of public records from public repositories (i.e., register of deeds office, county tax office, etc.). Answer phones; Fill out MLS forms, enter and retrieve data on MLS; Follow-up on . Receive commissions on the transactions closed by the licensee. Distribute preprinted, objective information prepared by the broker about a property listed for sale. Before that, I would like to make sure that this is not legal advice. Wisconsin law relates to the employment and use of personal assistants by licensed real estate salespersons and brokers who are themselves employed by real estate brokers. NMSA1978, including, but not limited to, procuring buyers, sellers, listings, or appointments for listing presentation, Obtaining information pursuant to written instructions from the Responsible Person from public records, a Multiple Listing Service (MLS), Listing Exchange or from third party sources including, but not limited to, surveyors, banks, appraisers and title companies, An Unlicensed Assistant does not discuss, negotiate or solicit offers for the property or provide any information other than printed materials prepared and approved by the Responsible Person, The Licensee is present at the open house where the Unlicensed Assistant is located, All inquiries are referred to the Responsible Person or other Licensees, Disseminating and distributing information prepared and approved by the Licensee, Picking up and delivering paperwork to Licensees other than the Employing Licensee. Discuss or explain a contract, agreement, listing, or other real estate document with anyone outside the firm. Host open houses, home show booths or fairs. Ordering key duplicates and any services of maintenance or repair the licensee considers necessary for the properties you are handling. Local broker marketplaces ensure equity and transparency. What Can an Unlicensed Real Estate Assistant Do? - Prosperor The broker must ensure that market analyses comply with Commission Rule E-42. Follow up on loan commitments after a contract has been negotiated. Order and supervise routine and minor repairs to listed property at the direction of a licensee. The rule provides that unlicensed assistants: Legal/Regulatory Action:Informal Guidance (Published 2014), State Statute. Like any business in order to grow, we need to let go of some of the tasks that others can do, and in some cases better than we can. (Revised 2005). The Rhode Island Real Estate Commission has issued a policy statement concerning the proper scope of duties and responsibilities of unlicensed personal assistants. Schedule appointments for licensee to show listed property. Section 4735.01 of the Ohio Revised Code lists the activities which require a real estate license. An unlicensed assistant or individual may not, for example: Legal/Regulatory Action:Policy Restatement (Reviewed on June 2011). Host open houses, kiosks, home show booths or fairs, or hand out materials at such functions. Discuss or explain a contract, offer to purchase, agreement, listing, or other real estate document with anyone outside the firm. Negotiate or agree to any commission, commission split, management fee or referral fee on behalf of a licensee; Perform any other activity for which a license is required. NAR is widely considered one of the most effective advocacy organizations in the country. They often need help to get their day-to-day work done. Including home buying and selling, commercial, international, NAR member information, and technology. Founded as the National Association of Real Estate Exchanges in 1908. ", Meet with clients to obtain or renew brokerage agreements or property management agreements, Negotiate or agree to any commission or referral fee, Provide advice or guidance to a buyer or seller regarding a real estate contract, brokerage agreement, or any other real estate document, Show property or provide clients or consumers information on listings, Answer any questions about a listing, including asking price, square footage, age of structure, Give listing presentations, interview buyers or present or negotiate offers, Contact or solicit prospective sellers or buyers, landlords or tenants, including scheduling appointments as a result of a telemarketing survey asking any of those parties if they would like to speak with a licensee about their real estate questions, Give general information about listed properties such as location, availability, and price (without any solicitation on behalf of the assistant), Perform clerical duties, which may include answering the telephone and forwarding calls, Fill out and submit listings and changes to multiple listing services, Type contract forms for approval by licensee and supervising broker, Pick up and deliver paperwork to other brokers and salespersons, Follow up on loan commitments after a contract has been negotiated, and pick up and deliver loan documents requiring signatures, Obtain status reports on a loans progress, Obtain required public information from the Registry of Deeds, public utilities, etc, Write advertising for approval by the licensee and supervising broker, and arrange to place the advertising, Have keys made for company listings, and place signs on listed property, Attend open houses to provide security, and hand out pre-approved promotional material, Gather information required for a Comparative Market Analysis, Schedule appointments for licensee to show a listed property, Drive clients to view properties which will be shown by the licensee, Make cold calls by telephone or in person to potential clients, In the absence of a licensee, host open houses, booths at home shows, malls or fairs, or distribute promotional literature at such locations, Prepare promotional material or ads without the review and approval of a licensee, Discuss, explain, or answer any questions on listings, contracts, or other real estate documents with the public or anyone outside the firm, Answer any questions on listings, title, financing, or closings from either the public or other licensees, Work as a licensee/secretary in one firm and do real estate relates activities with that firm, while licensed with another firm, Negotiate or agree to any commission, commission split, management fee, or referral fee on behalf of licensee, Make telephone call for the purpose of collecting or attempting to collect late rent payments, Prepare legal documents, such as listing and sale contracts, Interpret documents, or offer opinions or advice, Disseminate and distribute information orally or in writing, unless the information is in writing and is prepared and approved by the responsible person, Obtain personal or property information from a client or customer of the responsible person, except when acting as a coordinator directed by the responsible person, by gathering and following up on information and the status of matters pertaining to the transaction after a contract has been executed, Pick up from or deliver to customers or clients financial documents prepared by title companies, lenders, or other third persons for the purpose of obtaining signatures, Attend a closing without the responsible person present, Show property without the responsible person present, Represent himself or herself as being a licensee or as being engaged in the business of buying, selling, exchanging, renting, leasing, managing, auctioning, or dealing with options on any real estate or the improvements thereon for others, Perform telephone solicitation of any kind designed to procure transactions requiring licensure under Section 69-21-1 et seq. Stay current on industry issues with daily news from NAR. (Published on Mar. Unlicensed assistants in Kansas may not do the following: Legal/Regulatory Action: Personal Assistant Guidelines. Updated in August 2015 Real Estate Commission Bulletin. Licensed or Not? Prepare legal documents such as listing and sales contracts, Offer opinions, advice, or interpretations, Disseminate or distribute information on listed properties other than that prepared by the employing broker or salesperson. Your resource for all things Real Estate. The Montana Board of Realty Regulation has created a list of activities that cannot be conducted by an unlicensed personal assistant. Tasks an Unlicensed Real Estate Assistant Can Legally Perform The latest from FREC on what help a Realtor can get from an employee or helper who doesn't possess a real estate license. (Amended Nov. 2018). Act as courier service to deliver documents, pick up keys, etc. Discuss of negotiate terms or conditions of the sale, rental or lease of real property. Now more than ever, it is critical for REALTORS across America to come together and speak with one voice. Attend pre-closing walk-through or real estate closings unless accompanied by a licensee. Submit listings and changes to any multiple listing service. Personal assistants, office workers, or clerical workers may not do the following: The Louisiana Real Estate Commission has published an article providing guidance on the permissible and impermissible activities of unlicensed personnel such as real estate assistants. A powerful alliance working to protect and promote homeownership and property investment. Negotiate any terms of a real estate transaction. An unlicensed assistant or secretary cannot: 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 unlicensed assistants can/cannot engage. Advise parties as to their specific rights or obligations and benefits/coverage relating to home warranty programs, Answer questions relating to a transactional document, Give instructions to inspectors, appraisers, or maintenance/repair people, Engage in negotiations with clients in a transaction, Engage in real estate marketing or cold calling people to buy or sell real estate, Host an open house to be attended by the public, Explain or interpret information on the listing sheets to licensees or the public, in person, over the phone, or on the internet, Provide information on the style of the home, location of the home, lifestyle or amenities available, Discuss prices, price ranges or mortgage rates with the public, Engage in telemarketing, excluding cemetery sales, Make representations about real property, except for transmitting published information. Contact cooperative brokers, whether in person or otherwise, regarding any negotiations or open transactions. r. 520-1-.07. Skilled, experienced, and licensed Real Estate Assistants are increasingly hard to hire. They can also help with the remote aspect of property management. Alabama law states that unlicensed persons in Alabama may only perform general clerical or administrative duties for the licensed broker. Unlicensed assistants many perform only one (1) or more of the following functions: Citation:Section 10131 California Business and Professions Code (Updated 2019), Legal/Regulatory Action:Guidelines (formal action last revised Jan 2018). Real Estate Investor Virtual Assistants Services Code RL 17.12, Wis. Stat. Stat. Admin. Answer questions concerning properties listed with the firm, EXCEPT to confirm that a property is listed, to identify the listing broker or sales agent, and to provide such information as would normally appear in a simple, classified newspaper advertisement (location and/or address). Secure documents, i.e. The Georgia Real Estate Commission has identified the following tasks that unlicensed support personnel may perform: The Commission has identified the following tasks as some of the activities that unlicensed support personnel shall not perform: The Hawaii Real Estate Commission published an article in February 2006 setting forth its position on the permissible and impermissible activities of unlicensed assistants. Hand out objective, written information on a listing or rental. A real estate licensee may employ an unlicensed person to perform administrative, bookkeeping, clerical, and maintenance tasks related to real estate for which a real estate license is not required under AS 08.88 and this chapter, including: A real estate licensee may not employ an unlicensed person to perform any of the activities in AS 08.88.161, including one or more of the following: Citation:A.R.S. Make cold calls by telephone or in person to potential clients. Unlicensed assistants are also allowed to both prepare and complete documents before and during a transaction, so long as they do so under the supervision (and at the direction) of the licensee. What Does a Licensed Real Estate Assistant Actually Do? An Unlicensed Assistant May NOT: - South Carolina REALTORS II. Network with other professionals, attend a seminar, and keep up with industry trends through events hosted by NAR. Prepare promotional materials or advertising without the review and approval of a licensee and the principal broker. Prepare or have a prospect sign an offer to purchase or lease. Download this chart as a PDF(PDF: 238KB). The guidelines state that unlicensed assistants may not do the following: Legal/Regulatory Action: Commission Newsletter (formal action), The Nebraska Real Estate Commission created policy regarding the permissible activities of unlicensed assistants set forth by state legislation. Talk about the property or the sales or rent terms with potential buyers, the only information he or she can provide being that already published or approved by the licensee. The guidelines state that foremost to the use of personal assistants is careful restriction of their activities so as to avoid illegal brokerage practice. According to the Department of Commerce, unlicensed assistants may not do the following: The Oregon Real Estate Commission published a guideline for the use of unlicensed assistants in an official publication on June 2016. Write and place advertising in newspaper and other forms of publication. Research on a wide range of topics of interest to real estate practitioners. Prepare flyers and promotional information for approval by licensee and supervising broker. Unlicensed Assistants - Virginia REALTORS Prepare market analyses on behalf of the broker, if the analyses are approved and submitted by the broker to the client with a disclosure that the market analyses were prepared by the unlicensed assistant. hand out materials (brochures); may not answer questions. Pros and Cons of Hiring a Real Estate Assistant in Today's Market . (Revised on Sept. 2009). Unlicensed Assistants | Florida Realtors Answer any questions regarding a listing except for information on price and amenities expressly authorized in writing by the licensee; Discuss or explain a contract, listing, lease, agreement, or other real estate document with anyone outside the firm; Discuss the attributes or amenities of real estate, under any circumstances, with a prospective purchaser or lessee; Collect or hold deposit monies, rent, other monies or anything of value received from the owner of real estate or from a prospective purchaser or lessee. Type offers, contracts and leases from drafts of preprinted forms completed by a licensee. Write and prepare ads, flyers and promotional information and place such advertising. A Real Estate Investor Virtual Assistant is simply someone who has been trained and has experience performing tasks specific to real estate investors. (published in Oct. 2014-updated 2018). Receive and deposit funds to be held in trust for others including earnest money, security deposits, and rental payments. Unlicensed Assistants Information | BCFSA MAR has also published two articles (one of which was approved by the Licensing Administrator for real estate) on the subject of Dos and Donts for unlicensed assistants." Be paid on the basis of real estate activity, such as a percentage of commission, or any amount based on listings, sales, etc. not discussing price, terms, financing, etc. Making telephone calls to canvass for interest in using the services of a real estate broker. National, regional, and metro-market level housing statistics where data is available. Independently show properties that are for rent or sale. 2017.01 (advisory only), Legal/Regulatory Action: Statute and Advisory Substantive Policy statement (Revised in 2017) Attorney General Made Statement in 2017. Transmit listings and changes to a multiple listing service. By taking care of these tasks, your assistant can help you ensure that your properties are well-maintained and your tenants are happy. Under the rule, unlicensed assistants may not do the following: An unlicensed assistant is permitted to engage in the following activities: Legal/Regulatory Action:Rule Interpretation. Only members of NAR can call themselves a REALTOR. PDF Oregon Real Estate News-Journal Under the approved activities list, unlicensed assistants may: Legal/Regulatory Action:Published Guideline (updated Jan. 2015). What can an Unlicensed Real Estate Assistant Do and NOT Do? - ActiveRain All Rights Reserved. Historically, there has been an unclear line dividing those activities which may be performed only by a real estate licensee and those for which a license is not required. Practice, or negotiate for a contract to practice, community association. Negotiate or discuss the terms of a sale or leases. The South Carolina Real Estate Commission issued a policy re-statement for the use and functions of unlicensed office personnel. Negotiate or agree to any commission split or referral fee on behalf of a licensee, Negotiate and terms of a real estate transaction, Interview prospects to determine the criteria for selecting a property or to determine the qualifications of a prospect, Act in a manner that would constitute a solicitation, Input information into a computer when the secretary or clerical employee is making the decision about what to enter, Open Doors for prospective buyers or tenants, Respond to inquiries about a property or prospect when the response requires communication of information that has not been specifically advertised, Act as a telemarketer for the purpose of determining if a property owner may be willing to list his or her property for sale or rent or make appointment for the property owner to speak broker about selling his or her property, May attend an open house and distribute preprinted literature written by a licensee, as long as a licensee is present and the unlicensed person furnishes no additional information concerning the property or financing and does not become involved in negotiating, offering, selling, or filling in contracts, May act only as a courier service in delivering documents, picking up keys, or similar services, as long as the courier does not engage in any discussion of, or filling in of, the documents, May be compensated for their work at a predetermined rate which is not contingent upon the occurrence of real estate transactions; licensees may not share commissions with unlicensed persons who have assisted in transactions by performing the services listed in this rule, May place brokerage signs on listed properties and have keys made for listed properties, May not engage in telephone solicitation or other activity calculated to result in securing prospects for real estate transactions, except as provided in R162-2f-401g.2(a), Answer questions on listings, title, financing, closings, contracts, brokerage agreements, and legal documents, Discuss, explain, interpret, or negotiate a contract listing, lease agreement or property management agreement with anyone outside the firm, Negotiate or agree to any commission, commission split, management fee or referral fee, 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 but may only write words dictated by the property owner, designated broker, or managing broker, Perform any act with the intent to circumvent, or which results in the circumvention of real estate licensing laws, Advertise that they are engaged in the property management business.