4.18 Licensed vs. Unlicensed Assistants

In the event an Agent wishes to hire an “Unlicensed Assistant,” the Executive Vice President (referred to as “EVP”) must have the opportunity to interview and approve the Assistant. All compensation for the assistant is the responsibility of the licensee hiring the Assistant.

The Company has adopted the “do’s and don’ts” listed below for Unlicensed Assistants. They are as follows:

Unlicensed Assistants MAY:

Perform general clerical duties, including answering the phones and reading information shown on the listing.
Submit listings and changes to MLS.
Follow up on loan commitments after contracts have been negotiated.
Have keys made for listings.
Compute commission checks.
Place signs on properties.
Act as a courier service.
Schedule appointments.
Record and deposit earnest money, security deposits and advance rents.
Prepare contract forms for approval of the licensee and EVP (administrative task only; presentation of contract remains with licensee).
Prepare promotional materials and advertisements for approval of the licensee and supervising broker.
Assemble closing documents.
Obtain required public information from governmental entities.
Monitor license and personnel files.
Order routine repairs as directed by licensee.
Be compensated for their work at a predetermined rate that is not contingent upon the occurrence of a real estate transaction.
Monitor license and personnel files.

Unlicensed Individuals MAY NOT:

Show property.
Give opinions or advice on a listing.
Preview, inspect or determine (measure) the square footage of any property unless accompanied by a licensee.
Answer questions on listings, titles, financing or closings, unless to confirm that a property is listed, to identify the EVP or sales agent and to provide such information as would normally appear in a simple, classified newspaper advertisement (location and/or address.)
Discuss or explain with anyone outside the firm a contract, listing, lease, agreement or other real estate documents.
Attend pre-closing walk-through or real estate closing unless accompanied by a licensee.
Negotiate the amount of rent, security deposit or other lease provisions in connection with a rental property.
Represent themselves 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 improvement thereon for others.
Compensate non-licensed staff on the basis of real estate activity, such as a percentage of commission, or any amount based on listings, sales, etc.