The use of unlicensed personal assistants in the real estate industry is a
growing trend. Busy salespersons and associate brokers often see a practical
need to have assistants to help. The following guidelines have been
prepared in response to inquiries regarding the use of unlicensed personnel
to perform certain tasks. While the guidelines address many of the situations
faced by real estate licensees and their unlicensed co-workers in daily
practice, they are not intended to apply universally in all circumstances.
Brokers are advised to consult their attorneys when in doubt.
Unlicensed personnel employed in a real estate office may:
- Answer the phone and forward calls to a licensee.
- Submit listings and changes to a multiple listing service if the
listings or changes are based upon data compiled and provided by a
licensed broker or salesperson.
- Follow up on loan commitments after a contract has been negotiated.
- Assist a broker or salesperson in assembling documents for closings.
- Secure documents (public information) from courthouse, sewer district,
water district, etc.
- Have keys made for company listings. Place "for sale"
signs on property at the direction of a broker or salesperson with
the firm.
- Write ads and prepare flyers and promotional information for approval
by licensee and supervising broker and place advertising.
- Type offers, contracts and leases from drafts prepared by a broker
or salesperson with the firm.
- Monitor licenses and personnel files. Compute commission checks.
- Maintain trust account records under the supervision of the broker.
(The broker remains responsible for compliance with the license act
and regulations.)
- Order items of routine repair as directed by a licensee with the
firm.
- Act as courier service to deliver or pick up documents, keys, etc.
- Measure house under supervision of licensee. (The licensee and supervising
broker remain responsible for accuracy of measurements.)
- Schedule appointments for a licensee to show listed property.
- Furnish information from listing sheets by telephone to other real
estate offices. Such person may not explain or interpret information
on the listing sheets.
- Host open houses for licensees if serving strictly as a monitoring
host. Greet prospective buyers and hand them printed information prepared
by the builder, owner or licensee. MAY NOT explain or interpret
information, discuss or make representations about the terms of sale,
the home or property, or solicit new listings or new clients. ALL
questions must be referred to the owner or a licensee.
NOTE: The commission does not recommend that unlicensed individuals
host open houses; however, within very narrow restrictions, the activity
is permissible under the license act and is therefore included in this
list. Brokers who choose to allow an unlicensed person to host an open
house are strongly urged to closely monitor such activity. If the unlicensed
person goes beyond what is permissible, the broker remains responsible.
Unlicensed personnel may not:
- Answer questions concerning properties listed with the firm, except
to confirm that the property is listed and to identify the listing
broker or salesperson.
- Show property and discuss anything related to the property or related
to its purchase.
- Discuss or explain a contract, listing, lease agreement or other
real estate document with anyone outside the firm.
- Negotiate or agree to any commission, commission split, or referral
fee on behalf of a licensee.
A licensee may not, as a personal assistant for another licensee or
as a secretary/employee, perform any activity which requires a license
while licensed with another firm.
This article was adapted for Kansas licensees from similar articles
which appeared in Missouri and North Carolina Newsletters.
