Below is a list of states that have rules and/or guidance about what an unlicensed assistant can and cannot do when helping out with a real estate transaction. Show
Please understand that this report does not constitute legal advice; it is only intended to provide general information. Before acting, both the laws of the state(s) and your legal counsel should be consulted. This research was last reviewed and updated in April 2020. Expand All Citation: Ala. Code § 34-27-2; 34-27-30; and Ala. Real Estate Commission Rule 790-X-1-.04 Legal/Regulatory Action: Statute; and AL Real Estate Commission Advisory Note Alabama law states that unlicensed persons in Alabama may only perform general clerical or administrative duties for the licensed broker. The following is a partial list of some common activities which may be performed without a license:
An unlicensed person may not:
Citation: AK ST 08.88, 08.88.161, .165, .900; and Alaska Administrative Code 12 AAC 64.095 Legal/Regulatory Action: Real Estate Commission Statutes and Regulations A real estate licensee may employ an unlicensed person to perform administrative, bookkeeping, clerical, and maintenance tasks related to real estate for which a real estate license is not required under AS 08.88 and this chapter, including:
A real estate licensee may not employ an unlicensed person to perform any of the activities in AS 08.88.161, including one or more of the following:
Citation: A.R.S. § 32-2101, 2121, 2122; and AZ Dept. of Real Estate’s Substantive Policy Statement No. 2017.01 (advisory only) Legal/Regulatory Action: Statute and Advisory Substantive Policy statement (Revised in 2017) Attorney General Made Statement in 2017 An unlicensed assistant may: Under the direct supervision of an Arizona licensee, perform the following tasks, which include, but are not limited to:
An unlicensed assistant shall not perform the following activities:
Citation: A.C.A. § 17-42-104, 311 Legal/Regulatory Action: Statute Arkansas law states that unlicensed assistants may be employed only at a salaried or hourly rate for or on behalf of a licensed principal broker. Unlicensed assistants many perform only one (1) or more of the following functions:
Citation: Section 10131 California Business and Professions Code (Updated 2019) Legal/Regulatory Action: Guidelines (formal action last revised Jan 2018) The California Department of Real Estate (DRE) promulgated guidelines on what unlicensed assistants may and may not do. The guidelines provide a safe harbor such that voluntary compliance will not subject licensees to DRE challenge. Under the guidelines, unlicensed assistants may do the following:
Under the guidelines, unlicensed assistants may not do the following:
Citation: CP-20 Legal/Regulatory Action: Real Estate Commission Position Statement on Personal Assistants (formal action) The Colorado Real Estate Commission has published a "Position Statement" on the use of personal assistants directed generally at the issues of those activities requiring a license and the supervisory responsibilities of the employing broker for the activities of real estate assistants. (Revised on Oct. 2012) According to the position, unlicensed assistants may not do the following:
Unlicensed assistants may complete the following tasks:
Citation:N/A Legal/Regulatory Action: Connecticut Real Estate Commission Policy on Unlicensed Persons (formal) The Connecticut Real Estate Commission has issued a formal policy on the use of unlicensed personnel by licensees. (published in Oct. 2014-updated 2018) According to the policy, unlicensed assistants may perform the following activities:
According to the policy, unlicensed assistants may not perform the following activities:
Citation: Del. Code Regs. Title 24, §–2900 Legal/Regulatory Action: Rule It states that only a licensee may host an open house or otherwise show a property listed with a broker for sale, lease, or exchange. Such licensee may be assisted by an unlicensed person provided a licensee is on site. Citation: D.C. Code § 47-2853.181 Legal/Regulatory Action: Statute According to these regulations, an assistant can:
An unlicensed real estate assistant in Washington, D.C. cannot:
Citation: N/A Legal/Regulatory Action: FREC Policy (formal action) Informal Update in 2018 The Florida Real Estate Commission has developed a policy on the kinds of activities that are permissible for an unlicensed assistant to perform.(Revised on Sept. 2009) Permissible Activities of an Unlicensed Assistant:
Unlicensed assistants may not:
Citation: Ga. Comp. R. & Regs. r. 520-1-.07 Legal/Regulatory Action: Rule The Georgia Real Estate Commission has identified the following tasks that unlicensed support personnel may perform:
The Commission has identified the following tasks as some of the activities that unlicensed support personnel shall not perform:
Citation: HRS 467, HAR Chapter 99 Legal/Regulatory Action: Guidelines The Hawaii Real Estate Commission published an article in February 2006 setting forth its position on the permissible and impermissible activities of unlicensed assistants. Updated in August 2015 Real Estate Commission Bulletin. According to the Commission, an unlicensed assistant may not do the following:
Citation: Guidline #17 Legal/Regulatory Action: Published Guidelines The Idaho Real Estate Commission published guidelines on the use of unlicensed assistants and office staff in July 2015 (Revised April 2019). The guidelines state that foremost to the use of personal assistants is careful restriction of their activities so as to avoid illegal brokerage practice. The license law of Idaho prohibits unlicensed persons from negotiating, listing or selling real property. Other prohibited activities are:
Activities that unlicensed assistants may perform are:
Citation: 68 Ill. Adm. Code 1450.740; (Real Estate License Act of 2000) 225 Illinois Comp. Stat. 454/ 5-20 Legal/Regulatory Action: Regulation The Illinois Department of Financial and Professional Regulation enacted 68 Ill. Adm. Code 1450. 740 to clarify permissible and impermissible activities of real estate assistants under the Real Estate License Act of 2000. Licensees under the Act may utilize the services of unlicensed assistants to assist them with administrative, clerical or personal activities for which a license under the Act is not required. Under the IL rule, an unlicensed assistant may not do the following:
Citation: 876 Indiana Admin. Code § 8-1-7; Indiana Code §§ 25-34.1-3-2 Legal/Regulatory Action: Regulation The Indiana Real Estate Commission states that licensees may not allow an unlicensed assistant to perform any act that would require licensure under the Indiana law. The rule outlines that unlicensed assistants may not do the following:
Citation: Iowa Admin. Code 193E-7.13 Legal/Regulatory Action: Regulation This rule identifies certain tasks that unlicensed support personnel under the direct supervision of a licensee may not perform. The Prohibited activities include, but are not limited to, the following:
Citation: KREC Legal/Regulatory Action: Guidelines on Activities by Unlicensed Personnel The Kansas Real Estate Commission published an article in its quarterly newsletter that provides guidance about what unlicensed personal assistants may and may not do. The article indicates that it was adapted from similar articles published by the Missouri and North Carolina real estate commissions. (Revised on Nov. 2011) Unlicensed assistants in Kansas may not do the following:
Citation: 201 KAR11:440 Legal/Regulatory Action: Personal Assistant Guidelines The Kentucky Real Estate Commission has regulations providing guidance on the permissible and impermissible activities of unlicensed personnel such as real estate assistants. Effective June 2001. Personal assistants, office workers, or clerical workers may not do the following:
Citation: R.S. 37:1431 Legal/Regulatory Action: Article The Louisiana Real Estate Commission has published an article providing guidance on the permissible and impermissible activities of unlicensed personnel such as real estate assistants. (Published on Mar. 2009) Under the article, personal assistants may not do the following:
Citation: N/A Legal/Regulatory Action: No Information at this time. Citation: N/A Legal/Regulatory Action: MREC Guidelines The Maryland Real Estate Commission issued guidelines on the permissible and impermissible activities of unlicensed assistants. An unlicensed personal assistant may perform the following activities:
An unlicensed personal assistant may not perform any of the following acts or provide any of the following services:
Citation: N/A Legal/Regulatory Action: Guidelines The Massachusetts Division of Consumer Affairs and Business Regulation put forth guidelines on the use of unlicensed assistants by real estate brokers/salespersons. The Division advises that unlicensed assistants should avoid activities that will bring them into direct contact with clients and customers. Impermissible tasks by unlicensed assistants include, but are not limited to:
Citation: N/A Legal/Regulatory Action: Guidelines The Michigan Bureau of Professional Regulation (BOPR) explored the issues and options for resolution and to consider possible changes in the administrative rules. MAR has also published two articles (one of which was approved by the Licensing Administrator for real estate) on the subject of “Do’s and Don’ts for unlicensed assistants." (Updated in 2017) According to the BOPR, unlicensed assistants may not do the following:
Citation: Minn. Stat. § 82.73 Legal/Regulatory Action: Regulation and Article The Minnesota Association of REALTORS® is engaged in ongoing correspondence and communication with the Minnesota Department of Commerce and several other state agencies regarding the nature of the relationship between real estate brokers, salespeople, and licensed real estate assistants. The Real Estate Commission has also published an article on the permissible activities of unlicensed assistants, although the Minnesota licensing statute narrowly restricts the activities of unlicensed persons. An article by the Commission states that unlicensed assistants:
Citation: N/A Legal/Regulatory Action: Guidelines The Mississippi Real Estate Commission published a guideline of activities that may not be conducted by an unlicensed assistant to a licensee. Unlicensed Assistants may not:
Citation: M.R.S. § 339.010; 20 CSR 2250-8.010 Legal/Regulatory Action: Rule The Missouri Real Estate Commission issued a rule setting forth its position on the permissible and impermissible activities of unlicensed assistants. (June 2011) According to the Commission, an unlicensed assistant may not do the following:
Citation: N/A Legal/Regulatory Action: Guidelines (formal action) The Montana Board of Realty Regulation has created a list of activities that cannot be conducted by an unlicensed personal assistant. The list is not exhaustive and is intended to be a guideline only. The guidelines state that unlicensed assistants may not do the following:
Citation: N/A Legal/Regulatory Action: Commission Newsletter (formal action) The Nebraska Real Estate Commission created policy regarding the permissible activities of unlicensed assistants set forth by state legislation. (Amended Nov. 2018) “Activities which can be performed by unlicensed persons who, for example, act as personal assistants, clerical
Activities which cannot be performed by unlicensed persons, include, but are not limited to:
Citation: N/A Legal/Regulatory Action: Informational Bulletin The Real Estate Division of Nevada published an informational guideline stating permissible and impermissible activities of unlicensed assistants. (Revised 2005) Tasks that cannot be performed by unlicensed personnel include, but are not limited to:
Citation: N/A Legal/Regulatory Action: Guidelines (formal action) Guidelines detailing allowable tasks for unlicensed assistants to perform were published by the New Hampshire Real Estate Commission. Under the approved activities list, unlicensed assistants may:
Citation: N.J.S.A. 45:1-3; 15-3 Legal/Regulatory Action: Published Guideline (updated Jan. 2015) The New Jersey Real Estate Commission issued a formal guidance on the use of unlicensed personnel. An unlicensed assistant or secretary cannot:
Citation: NM Admin Code Tit.16 § 61.21.8 Legal/Regulatory Action: Commission Rules The New Mexico Real Estate Commission issued a rule defining “unlicensed assistants” and “responsible persons” to such assistants, and outlining activities in which unlicensed assistants can/cannot engage. (Updated 2019) Under the rule, unlicensed assistants may not do the following:
An unlicensed assistant is permitted to engage in the following activities:
Citation: N/A Legal/Regulatory Action: Rule Interpretation The Division of Licensing Services of New York issued a policy interpretation of Section 440 of Article 12A of the NY State Real Property Law on the use of unlicensed assistants. Permissible tasks by unlicensed personnel include:
Personal Assistants may NOT:
Citation: N/A Legal/Regulatory Action: Article (formal action) The North Carolina Real Estate Commission has published an article describing its view of the permissible and impermissible activities of unlicensed assistants. (Published Oct. 2012) Under the article, the Commission has stated that unlicensed employees may not do the following:
According to the Commission’s License Law and Rules Comments, an unlicensed employee may do the following:
Citation:N/A Legal/Regulatory Action: Article (formal action) The North Dakota Real Estate Commission has repeatedly published an article containing guidelines for what unlicensed assistants may and may not do. (Published June 2008) Under the article, an unlicensed assistant may not:
Citation:N/A Legal/Regulatory Action: Pronouncement /Opinion The Ohio Department of Commerce Division of Real Estate has issued a pronouncement on permissible activities of real estate assistants. (Published Fall 2012) According to the Department of Commerce, unlicensed assistants may not do the following:
Citation: Legal/Regulatory Action: No information at this time. Citation: N/A Legal/Regulatory Action: Guideline The Oregon Real Estate Commission published a guideline for the use of unlicensed assistants in an official publication on June 2016. The Guidelines states that an unlicensed assistant may not engage in the following activities, which are considered to be professional real estate activity:
Citation: N/A Legal/Regulatory Action: Guideline The Pennsylvania Real Estate Commission provides a guideline on the use of real estate assistants and unlicensed individuals. (Amended June 2000) An unlicensed assistant or individual may not perform any duties that require licensure. An unlicensed assistant or individual may not, for example:
Citation: Policy Restatement L-97-1 Legal/Regulatory Action: Policy Restatement (Reviewed on June 2011) The Rhode Island Real Estate Commission has issued a policy statement concerning the proper scope of duties and responsibilities of unlicensed personal assistants. A personal assistant cannot:
Citation: N/A Legal/Regulatory Action: Policy Restatement The South Carolina Real Estate Commission issued a policy re-statement for the use and functions of unlicensed office personnel. An unlicensed assistant cannot:
Citation:N/A Legal/Regulatory Action: Guidelines The South Dakota Real Estate commission published guidelines on the use of unlicensed assistants. Unlicensed assistants may not:
Citation: N/A Legal/Regulatory Action: Policy (formal action) The Tennessee Real Estate Commission has issued a policy outlining the permissible and impermissible activities of unlicensed assistants. In the Commission’s judgment, unlicensed assistants may not do the following:
Citation: Tex. Occ. Code 1101.002(1)(A) Legal/Regulatory Action: Rule The Texas Real Estate Commission distinguishes activities that may and may not be performed by unlicensed persons, although some areas remain somewhat uncertain. FAQ article (Dec. 2016) According to TREC’s statutory interpretation, an unlicensed assistant may not do the following:
Citation: Utah Admin. Rule R-162-6.2-14, R162-2f-401 Legal/Regulatory Action: Guideline The Utah Real Estate Commission has promulgated an administrative rule describing the tasks that unlicensed persons may perform and how they can be compensated. (Published Fall 2009) The rule provides that unlicensed assistants:
Citation: Legal/Regulatory Action: No information available at this time. Citation: HB 2352 Real Estate Licensees Legal/Regulatory Action: Informal Guidance (Published 2014), State Statute The Virginia Real Estate Board governs what is licensed versus unlicensed activity. Proposed regulations by VREB provide guidance on what unlicensed assistants can and cannot do. VREB as highlighted 5 things that it views as licensed activities (that unlicensed personnel cannot do):
Citation: N/A Legal/Regulatory Action: Formal Guidelines The WA Real Estate Commission has published guidelines that describe the tasks and duties that may be performed by unlicensed assistants. Unlicensed assistants may not:
Citation:WV Code § 30-40-5 (West Virginia Real Estate License Act) Legal/Regulatory Action: Rule The WV Real Estate License Act states activities that may and may not be performed by unlicensed individuals. According to § 30-40-5 unlicensed assistants may only do one or more of the following tasks:
Citation: Wisc. Admin. Code § RL 17.12, Wis. Stat. §452.34 Legal/Regulatory Action: Rule Wisconsin law relates to the employment and use of personal assistants by licensed real estate salespersons and brokers who are themselves employed by real estate brokers. Unlicensed personal assistant MAY NOT:
Which statement about the North Carolina Real Estate Commission is false?All members of the North Carolina Real Estate Commission are appointed by the Governor. False; The Governor appoints seven of the nine members of the Commission. The leaders of each house of North Carolina General Assembly appoint one member each.
Which of the following is a power granted to the North Carolina Real Estate Commission?The North Carolina Real Estate Commission's purpose is to protect the public when dealing with real estate brokers. The Commission has the power and authority to discipline any licensee if they violate the Commission rules or License Law.
Which of the following is not a proper reference for specific information regarding North Carolina Real Estate License law?Which of the following is NOT a proper reference for specific information regarding North Carolina Real Estate License Law? A licensed mortgage broker. A mortgage broker may be knowledgeable about real estate, but that doesn't make them a reliable reference for specific information about license law.
Which of the following is not a duty of a broker engaged by a tenant quizlet?Which of the following is not a duty of a broker engaged by a tenant? To provide a background check on potential landlords.
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