If you're an unlicensed real estate assistant, or an agent or broker utilizing one, be sure you understand and follow your state's regulations as to what they are allowed to do. This list of permitted activities for an unlicensed assistant is from the New Mexico regulations but is similar to the rules in other states. The position of an unlicensed
assistant can be a great training ground for a real estate career, but know the rules so you do not start out wrong. Obtaining information pursuant to written instructions from the responsible person from public records, a multiple listing service, listing exchange, or from third party sources including, but not limited to, surveyors, banks, appraisers and title companies are allowed. An unlicensed assistant can be valuable in pulling together the many documents and details related to getting a new listing going. What they cannot do is talk to the client about it. Their job is to gather data and documents. They can go to the courthouse and pull information related to the property. Open House DutiesHosting and/or distributing literature at an open house is allowed if:
If your unlicensed assistant is chatty and likes to engage people you may not want to put them in a position at an open house where they may be asked questions. Their natural reaction would be to answer them, which isn't allowed. Distributing Prepared InformationDisseminating and distributing information prepared and approved by the responsible person is OK for the unlicensed assistant. Note that the information is prepared by someone with a license. They can hand out brochures, drop off brochures and documents at title companies, with appraisers and surveyors. Delivery of Documents to BrokersRules allow picking up and delivering paperwork to associate brokers or qualifying brokers other than the responsible person. The real estate professional's time is best spent working directly with clients, so unlicensed assistants can be of value in taking over permitted delivery duties. Document Delivery to Clients With LimitationsAn unlicensed assistant can be assigned the duties of picking up and delivering paperwork to sellers or purchasers after a contract has been executed. This is if the paperwork has already been reviewed and approved by the responsible person, without answering any questions or providing any opinions or advice to the recipient of the paperwork; all substantive questions must be referred to the responsible person. As mentioned above, if they're the friendly chatty type, having them deliver a document to a client can be a problem. The first thing the client may do is ask what it's about. They may answer the question to avoid looking incompetent. Write and Place AdvertisingThe assistant can write advertisements, flyers, brochures, and other promotional materials for the approval of the responsible person, and place classified advertisements approved by the responsible person. If you have a talented writer or ad person as an assistant, it's great. Let them create ads and property descriptions that work. Just make sure that you document that you reviewed and approved them before they went live. Place and Remove SignsPlacing and removing signs from real property is OK as directed by the responsible agent or broker. This should be simple and not create problems, as they're just stopping by and placing or pulling up a sign. Order RepairsUnder the direction of the responsible agent or broker, an unlicensed assistant can order repairs or services for a property. This is another duty that is valuable as it frees the licensed agent up to work with clients. Banking, Accounting, and DocumentsAn unlicensed assistant is approved for receiving and depositing funds, as well as maintaining books and records while under the supervision of the responsible person. If prepared by the responsible person, an unlicensed assistant can engage in typing and word processing of documents. Often a Licensed Assistant is a Better ChoiceIt can be a more economical solution to use an unlicensed assistant, but there is added risk involved. You, as the responsible licensed party, will be expected to train and supervise the unlicensed person to be sure that they are not doing things that they are not allowed to do. While the risk doesn't go away with a licensed assistant, it is lowered. Which of the following advertising activities is considered illegal in South Carolina?Which of the following advertising activities is considered illegal in South Carolina? **It's illegal for people to advertise themselves as licensed real estate professionals if they're not licensed.
Which of the following tasks is an unlicensed assistant permitted to perform?Unlicensed assistants can perform secretarial or administrative tasks but may not perform any activity that requires a real estate license, such as preparing a listing contract.
Which of the following can a licensee do without engaging in the unauthorized practice of law quizlet?A licensee may, without being engaged in the unauthorized practice of law: - if asked questions, expand upon the language of the terms of the standard purchase agreement to explain the legal ramifications to a buyer while preparing an offer for that buyer.
Which of the following is a duty of a South Carolina listing agent?What duty does a listing agent in South Carolina owe to buyers? One of the duties an agent owes a customer (and any other party they encounter related to the transaction) is honest treatment. Agents cannot lie to their client or anyone else involved in the transaction.
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