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 for help, but make certain you’re not breaking the law before assigning tasks to aides.

The following guidelines have been prepared in response to several inquiries about the use of unlicensed personnel to perform certain tasks. While the guidelines address many of the daily situations faced by real estate licensees and their unlicensed co-workers, they are not intended to apply universally in all circumstances. Brokers are advised to consult an attorney 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 multiple listing services 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 brokers or salespersons 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 sign on property at the direction of a broker or salesperson with the firm.
• Write advertisements and prepare flyers and promotional information for approval by a licensee or supervising broker.
• 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 supervising broker. NOTE: 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 to deliver or pick up documents, keys, etc.
• Measure houses under the supervision of licensee. NOTE: The licensee and supervising broker remain responsible for accuracy of measurements.
• Schedule appointments to show listed property for a licensee.
• Furnish information from listing sheets by telephone to other real estate offices. NOTE: Assistants 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 distribute printed information prepared by the builder, owner or licensee. NOTE: Assistants 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 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 that requires a license while licensed with another firm.

(This article was adapted for Kansas licensees from similar articles that appeared in Missouri and North Carolina newsletters).