If you're an un-licensed 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 un-licensed assistant is from the New Mexico regulations, but is similar to the rules in other states.
1. Obtain Information with Written InstructionsObtaining 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 is allowed.
2. Open House DutiesHosting and/or distributing literature at an open house is allowed if: (1) 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 (2) the responsible person is present at the open house where the unlicensed assistant is located; and (3) all inquiries are referred to the responsible person or other associate brokers or qualifying brokers.
3. Distributing Prepared InformationDisseminating and distributing information prepared and approved by the responsible person is OK for the un-licensed assistant. Note that the information is prepared by someone with a license.
4. Delivery of Documents to BrokersRules OK the picking up and delivering of paperwork to associate brokers or qualifying brokers other than the responsible person.
5. Document Delivery to Clients with LimitationsAn un-licensed 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
6. 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.
7. Place and Remove SignsPlacing and removing signs from real property is OK as directed by the responsible agent or broker.
8. Order RepairsUnder the direction of the responsible agent or broker, an un-licensed assistant can order repairs or services for a property.
9. Banking and AccountingAn un-licensed assistant is approved for receiving and depositing funds, as well as maintaining books and records while under the supervision of the responsible person.
10. Document ProcessingIf prepared by the responsible person, an un-licensed assistant can engage in typing and word processing of documents.