A licensed real estate assistant can show property, but this ability stems from their status as a licensed agent operating under a supervising broker, not merely their title as an assistant. The role of a real estate assistant is a common organizational structure used by busy agents and brokers to manage their workload. Deciding who can perform which tasks depends entirely on the assistant’s real estate license status and the specific regulations of the state jurisdiction. This distinction is paramount in the real estate industry, where the law strictly governs activities that require a professional license.
Understanding the Difference Between Licensed and Unlicensed Assistants
The fundamental difference between a licensed and an unlicensed real estate assistant lies in the scope of work they are legally permitted to perform. Unlicensed assistants are restricted to administrative and clerical tasks that do not require professional judgment or interpretation of real estate law. Their duties typically include answering phones, scheduling appointments, preparing marketing materials, and managing databases. These support staff members cannot engage in activities that constitute “brokerage services” because they have not completed the required training and examinations to obtain a license.
A licensed assistant holds an active real estate salesperson license and is affiliated with the same supervising broker. Their license status grants them the legal authority to perform activities that require a license, such as interacting with the public regarding a transaction. While they function as an assistant, their license makes them a full-fledged agent under the eyes of the state regulatory body, broadening their ability to assist beyond mere paperwork.
Core Licensed Activities: Can a Licensed Assistant Show Property?
A licensed real estate assistant can generally show property to prospective buyers because this activity requires an active real estate license. The act of showing property legally involves engaging in discussion about the property with a consumer. Specifically, this includes answering substantive questions about the listing, discussing terms and conditions of a possible sale, or providing information about the surrounding neighborhood. These are all actions that fall under the definition of providing brokerage services, which are reserved for licensed professionals.
For a licensed assistant, showing property means they can discuss the price, explain financing options, and interpret details on the listing agreement with the client. An unlicensed assistant is strictly limited to opening the door to allow access. If a client asks an unlicensed assistant substantive questions, the assistant must refrain from answering and refer the client to the supervising licensee. The licensed assistant, due to their credentials, can fully engage in these discussions.
Other Permissible Activities for Licensed Assistants
The scope of work for a licensed assistant extends significantly beyond property showings, encompassing nearly all activities a full agent can perform under their broker’s supervision. They can prepare a Competitive Market Analysis (CMA) to help determine an appropriate listing price or offer price, provided their supervising agent reviews and approves the report. This task requires licensed judgment to analyze comparable sales data and market trends, which is prohibited for unlicensed personnel.
Licensed assistants are also permitted to assist with the preparation of contracts, offers, and leases. While they cannot sign these documents on behalf of the client, they can input data, explain clauses, and obtain signatures. Furthermore, they may engage in basic preparation for negotiations, such as communicating the client’s position or relaying counteroffers between parties. Soliciting listings or buyers, making cold calls to potential clients, and attending closings are also activities they can legally perform due to their license.
Key Limitations and Prohibited Actions for Licensed Assistants
Despite holding a real estate license, a licensed assistant is still operating under the authority of a supervising broker, which imposes specific limitations. They are prohibited from independently setting or agreeing to their own commission rates, commission splits, or referral fees, as this authority is reserved for the broker. All compensation for the licensed assistant’s work must be received from their employing broker, not directly from a client or another party in the transaction.
A licensed assistant cannot sign a listing agreement, purchase contract, or closing documents on behalf of the supervising agent or the brokerage, as this is an act of independent practice. They must also avoid operating outside the specific scope of the supervising broker’s direction or engaging in activities that would constitute a violation of license law. Their role is to support the licensed activities of the primary agent.
The Importance of Broker Supervision and Compliance with State Law
The structure governing licensed assistants operates under the principle that the supervising broker is ultimately responsible for the assistant’s actions and compliance. State Real Estate Commissions (RECs) establish these rules, and the broker must actively and diligently supervise all licensed personnel affiliated with their firm. The broker’s liability extends to ensuring the assistant does not perform any prohibited activity or engage in independent practice outside the brokerage structure.
Non-compliance with state statutes carries significant risk, often resulting in license suspension or revocation for both the licensed assistant and the supervising broker. Brokers must implement clear internal policies and provide continuous training to licensed assistants to define the permissible boundaries of their support role. Readers should consult their specific state’s real estate statutes and their brokerage’s internal compliance guidelines to ensure all activities are performed legally.