TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450 REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.740 UNLICENSED ASSISTANTS


 

Section 1450.740  Unlicensed Assistants

 

a)         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. Compensation for unlicensed assistants cannot be transaction based.

 

b)         An unlicensed assistant, under the supervision of a licensee, may engage in the following activities. This list is not intended to increase or decrease the scope of licensed activities.

 

1)         answer the telephone, take messages and forward calls to a licensee;

 

2)         submit listings and changes to a multiple listing service;

 

3)         follow up on a transaction after a contract has been signed;

 

4)         assemble documents for a closing;

 

5)         secure public information from a courthouse, sewer district, water district or other repository of public information;

 

6)         have keys made for a listing;

 

7)         draft advertising copy and promotional materials for approval by a licensee;

 

8)         place advertising;

 

9)         record and deposit earnest money, security deposits and rents at the direction of, and with approval by, a licensee;

 

10)        complete contract forms with business and factual information at the direction of and with approval by a licensee;

 

11)        monitor licenses and personnel files;

 

12)        compute commission checks and perform bookkeeping activities;

 

13)        place signs on property;

 

14)        order items of routine repair as directed by a licensee;

 

15)        prepare and distribute flyers and promotional information under the direction of and with approval by a licensee;

 

16)        act as a courier to deliver documents, pick up keys, etc.;

 

17)        place routine telephone calls on late rent payments;

 

18)        schedule appointments for the licensee (this does not include making phone calls, telemarketing or performing other activities to solicit business on behalf of the licensee);

 

19)        respond to questions by quoting directly from published information;

 

20)        sit at a property for a broker tour that is not open to the public;

 

21)        gather feedback on showings;

 

22)        perform, manage or supervise maintenance, engineering, operations, security or other building trades work and answer questions about that work;

             

23)        provide concierge services and other similar amenities to existing tenants; and

             

24)        perform other administrative, clerical or personal activities for which a license under the Act is not required.

 

c)         An unlicensed assistant of a licensee may not perform licensed activities, including but not limited to:

 

1)         host open houses, kiosks, or home show booths or fairs;

 

2)         show property;

 

3)         interpret information regarding listings, titles, financing, contracts, closings or other information relating to a transaction;

 

4)         explain or interpret a contract, listing, lease agreement or other real estate document for or with anyone outside the unlicensed assistant's real estate entity;

 

5)         negotiate or agree to any commission, commission split, management fee or referral fee on behalf of a licensee; or

 

6)         perform any other licensed activities.

 

d)         Any licensee who supervises an unlicensed assistant shall be responsible for the unlicensed assistant's actions.  Any licensee who permits, aids, assists or allows an unlicensed assistant to perform any licensed activities shall be in violation of the Act.

           

e)         Stenographic, clerical, maintenance, engineering, operations, building trades, security or office personnel not directly engaging in licensed activities are not required to be licensed.

 

f)         A licensee is prohibited from acting as an assistant, as provided for in this Section, for any licensee other than the licensee's sponsoring broker or a licensee sponsored by the sponsoring broker.

 

(Source:  Amended at 40 Ill. Reg. 12588, effective September 2, 2016)