Check the rules in your state, but many are similar to these excerpts from the real estate regulations in New Mexico. If you're an agent or broker considering hiring an assistant, or someone considering starting a real estate career as an assistant, here's a list of duties that are allowed for a licensed real estate assistant, but specifically prohibited for the un-licensed.
1. Document PreparationPreparing legal documents such as listing and sales contracts is allowed. Obviously a help to a busy agent or broker. However, the broker is liable and should review documents.
2. Interpretation and AdviceInterpreting documents, offering opinions or advice is OK for a licensed assistant. When the client phones in for help interpreting a document, the licensed assistant can help.
3. Disseminate InformationA licensed assistant can disseminate and distribute all types of information without having to have it specifically prepared by the supervising agent or broker.
4. Get Client InformationLicensed assistants are able to obtain personal or property information from a client or customer for document and marketing purposes.
5. Delivery of Financial and Title DocumentsPicking up from or delivering to customers or clients financial documents prepared by title companies, lenders or other third persons for the purpose of obtaining signatures is a prohibited activity for the un-licensed, but a normal duty of a licensed assistant.
6. Attend a Closing UnsupervisedThe un-licensed assistant would be in violation for attending a closing without the responsible person present. This could be a duty assigned to a licensed assistant.
7. Sound Like a LicenseeThis is the licensing regulation statement: "representing himself or herself as being an associate broker or a qualifying broker 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" is prohibited for un-licensed persons. This would be more an avoidance for the un-licensed, while a licensed assistant can act and sound like a licensed agent.
8. Do Telephone MarketingA licensed assistant can conduct telephone solicitation of any kind designed to procure buyers, sellers, listings or appointments for listing presentations.