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 employ, or otherwise 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 personal assistants cannot be transaction based.
b) An unlicensed assistant, on behalf of and under the direction of a licensee, may engage in the following administrative, clerical or personal activities without being in violation of the licensing requirements of the Act. The following list is intended to be illustrative and declarative of the Act and is not intended to increase or decrease the scope of activities for which a license is required under the Act. An unlicensed assistant of a licensee may:
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 company 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;
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 maintenance, engineering, operations or other building trades work and answer questions about that work;
23) provide security;
24) provide concierge services and other similar amenities to existing tenants;
25) manage or supervise maintenance, engineering, operations, building trades and security; and
26) perform other administrative, clerical and personal activities for which a license under the Act is not required.
c) An unlicensed assistant of a licensee may not perform the following activities for which a license under the Act is required. The following list is intended to be illustrative and declarative of the Act and is not intended to increase or decrease the scope of activities for which a license is required under the Act. An unlicensed assistant of a licensee may not:
1) host open houses, kiosks, or home show booths or fairs;
2) show property;
3) interpret information on 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 with anyone outside the licensee's company;
5) negotiate or agree to any commission, commission split, management fee or referral fee on behalf of a licensee; or
6) perform any other activity for which a license under the Act is required.
d) Any licensee who employs an unlicensed assistant shall be responsible for the actions of the unlicensed assistant taken while under the supervision of, or at the direction of, the licensee.
e) Any licensee who is responsible for the actions of an unlicensed assistant by statute, regulation, contract or office policy and who permits, aids, assists or allows an unlicensed assistant to perform any activity for which a license under the Act is required shall be in violation of the Act.
f) Stenographic, clerical, maintenance, engineering, building trades, security or office personnel not directly engaged in the practice of real estate brokerage as defined in Section 1-10 of the Act are not required to be licensed.
g) A licensee is prohibited from acting as an unlicensed assistant, as provided for in this Section, for any licensee other than his or her sponsoring broker or a licensee sponsored by the sponsoring broker.